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08/13/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular 1101 Texas Ave, College Station, TX 77840 Phone: 888 475 4499 and Webinar ID: 945 5259 1668 Internet:https://zoom.us/j/94552591668 August 13, 2020 6:00 PM City Hall Council Chambers College Station, TX Page 1    1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request.     Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 3 p.m. on the day of the meeting.  Individuals must register to speak or provide written comments at  https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling 979­764­ 3500. Upon being called to speak an individual must state their name and city of residence, including  the state of residence if the city is located out of state. Speakers are encouraged to identify their  College Station neighborhood or geographic location. Each speaker’s remarks are limited to three (3)  minutes. Any speaker addressing the Council through the use of a translator may speak for six (6)  minutes. At the (3) minute mark the City Secretary will announce that the speaker must conclude  their remarks.     2.Hear Visitors     During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. The City Council will listen and receive the information presented by the  speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational  concern shall be directed to the City Manager.     3.Consent Agenda     During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item. Presentation, discussion, and possible action on consent agenda items which consists of  ministerial or "housekeeping" items required by law. Items may be removed from the consent  agenda by majority vote of the Council.  3.1.Presentation, discussion, and possible action of minutes for: • July 23, 2020 Workshop Meeting • July 23, 2020 Regular Meeting • July 27, 28, and 29th, 2020 Special (Budget) Meetings  Sponsors:Tanya Smith   Attachments:1.WKSHP072320 DRAFT Minutes 2.RM072320 DRAFT Minutes 3.BUDWKSHP072720 DRAFT Minutes 4.BUDWKSHP072820 DRAFT Minutes 5.BUDWKSHP072920 DRAFT Minutes Page 1 of 191  City Council Regular Page 2 August 13, 2020 3.2.Presentation, discussion, and possible action on an ordinance amending Ordinance No. 2200­ 4199 adopted on or about July 23, 2020 authorizing a general and special runoff election to be  held on November 3, 2020, for the purpose of electing Councilmembers, Place 1, 3, and 5, and  for the purpose of electing City Councilmember Place 4, amending the dates and times of early  voting, and making provisions for conducting the election. (Presentación, discusión, y posible  acción sobre una ordenanza enmendando Ordenanza No. 2200­4199 aprobada el o  aproximadamente el 23 de julio de 2020, autorizando una elección de segunda vuelta general y  especial que se celebrará el 3 de noviembre de 2020, con el fin de elegir a los miembros del  Consejo, Lugar 1 , 3 y 5, y con el propósito de elegir al Miembro 4 del Concejo Municipal,  enmendando las fechas y horas de la votación anticipada y tomar disposiciones para llevar a  cabo la elección..)  Sponsors:Tanya Smith  Attachments:1.ORD Amend Call Election (0729) 2.ORD Amend Call Election (0729) Spanish 3.3.Presentation, discussion, and possible action regarding a landscape maintenance agreement  with the Texas Department of Transportation for the maintenance of landscape along FM 2347  (George Bush Drive).  Sponsors:Emily Fisher  Attachments:1.FM 2347 LMA ­ Form 2043 3.4.Presentation, discussion, and possible action regarding a landscape maintenance agreement  with the Texas Department of Transportation for the maintenance of landscape along FM 2818.  Sponsors:Emily Fisher  Attachments:1.20300642 rev. FM 2818 LMA ­ Form 2043 3.5.Presentation, discussion, and possible action on an interlocal agreement with College Station  ISD for standby ambulance service.  Sponsors:Richard Mann   Attachments:1.CS CSISD Ambulance ILA 7­7­20 3.6.Presentation, discussion, and possible action concerning award of Construction Contract with  CF McDonald Electric, Inc. in the amount of $139,496 to install previously purchased VFD at  Dowling Road Pump Station.  Sponsors:Gary Mechler  Attachments:1.Bid Tabulation 2.Contract on file in the City Secretary's Office 3.7.Presentation, discussion, and possible action regarding adoption of a resolution approving the  2020 ­ 2024 Consolidated Plan as proposed by Community Development.  Sponsors:Debbie Eller   Attachments:1.Attachment 1­ FY 2021 Plan Development Process Summary 2.Attachment 2 ­ 2020­2024 Community Development Goals 3.Attachment 3 ­ Resolution Approving 2020 ­ 2024 Consolidated Plan Page 2 of 191  City Council Regular Page 3 August 13, 2020 3.8.Presentation, discussion, and possible action regarding adoption of a resolution approving the  FY2021 (PY2020) Annual Action Plan and Community Development Budget.  Sponsors:Debbie Eller   Attachments:1.Attachment 1 ­ FY 2021 Proposed Community Development Budget ­  Revised 2.Attachment 2 ­ FY 2021 CDBG Public Service Funding 3.Attachment 3 ­ 2020 Income Limits 4.Attachment 4 ­ Map of LMI Income Areas 2019 5.Attachment 5 ­ Community Development Project Descriptions 6.Attachment 6 ­ Resolution Approving the FY2021 (PY2020) Annual  Action Pl... 7.Attachment 7 ­ Public Comments as of 7.21.2020 3.9.Presentation, discussion, and possible action regarding a resolution approving an advance  funding agreement (AFA) in the amount of $34,727 between the City of College Station and the  State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's  contribution for certain signal improvements for the FM 2154 and Holleman Drive Intersection  Improvements project.   Sponsors:Emily Fisher  Attachments:1.20300644 Resolution FM 2154 Holleman Signal Improvements 2.20300644 FM 2154 at Holleman AFA VolTIP 3.10.Presentation, discussion, and possible action regarding a resolution approving an advance  funding agreement (AFA) in the amount of $246,681 between the City of College Station and  the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the  city's contribution for utility relocations for the FM 2154 and Holleman Drive Intersection  Improvements project.   Sponsors:Emily Fisher   Attachments:1.20300645 Resolution FM 2154 Utility Relocations 2.20300645 Ready for Partial Execution AFA Utility ­ FM 2154 at  Holleman 3.11.Presentation, discussion, and possible action regarding a resolution approving an advance  funding agreement (AFA) in the amount of $91,427 between the City of College Station and the  State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's  contribution for certain signal improvements for the intersections of Texas Avenue at New Main  (Walton Drive) and FM 60 (University Drive) at Nimitz Street.  Sponsors:Emily Fisher  Attachments:1.20300646 Resolution 2020 Intersection Improvements 2.20300646 0050­01­087 etc (BS 6R FM 60) AFA VolTIP 3.12.Presentation, discussion, and possible action regarding the award of RFP 20­045, Overhead  Electric Distribution Construction and Maintenance, to Southern Electric Corporation of  Mississippi for a not to exceed amount of $750,000.    Sponsors:Timothy Crabb  Attachments:1.20­045 Evaluation ­ Council Summary 2.Contract is available for review in the City Secretary's Office Page 3 of 191  City Council Regular Page 4 August 13, 2020 3.13.Presentation, discussion, and possible action regarding a professional services contract with  Electrical Consultants, Inc. (ECI) for $600,000 for engineering services.  Sponsors:Timothy Crabb  Attachments:1.Contract is available for review in the City Secretary's Office 3.14.Presentation, discussion, and possible action regarding approval of an Interlocal Agreement  between Brazos County, the City of Bryan, and the city of College Station for the 2020 Byrne  Justice Assistance Grant (JAG) Program in which the City of College Station has been  allocated $13,416.40 for the purpose of supporting law enforcement programs.  Sponsors:James Arnold  Attachments:1.2020 JAG Interlocal Agreement (1) 3.15.Presentation, discussion, and possible action regarding approving a contract with Buyers  Barricades for 2020 TAMU Football Post Gameday Traffic Control in the amount of $104,965.  Sponsors:Troy Rother  Attachments:1.Contract on file with the City Secretary's Office 3.16.Presentation, discussion, and possible action regarding the award of a service contract  between the City of College Station and Rios Tree Services, Inc., for an annual amount not to  exceed $150,000 for tree trimming and removal services.   Sponsors:Donald Harmon  Attachments:1.Contract on file with the City Secretary's Office 3.17.Presentation, discussion, and possible action on a resolution of the City Council of the City of  College Station, Texas, selecting a depository bank and authorizing the Mayor to enter into the  contract on behalf of the City.   Sponsors:Michael Dehaven  Attachments:1.RESOLUTION with Contract as Ex A v2 3.18.Presentation, discussion, and possible action on awarding an annual price agreement to  Techline, Inc for the purchase of Air Switches which will be maintained in electrical inventory  and expended as needed. The total recommended award is for an amount not to exceed  $189,000.  Sponsors:Mary Ellen Leonard  Attachments:1.20­061 Bid AWARD 3.19.Presentation, discussion, and possible action on the first amendment to an agreement with  Invoke, LLC for additional implementation services for Microsoft solutions not to exceed  $99,982.  Sponsors:Sindhu Menon  Attachments:1.19300481 First Amendment Invoke LLC 8­13­20 CC Meeting    4.Regular Agenda     During the Regular Agenda an individual may address the City Council on any Regular Agenda item  including those items not posted for Public Hearing. For those items posted for a Public Hearing. If  the City Council needs additional information from the general public after the Public Hearing is  closed some limited comments may be allowed at the discretion of the Mayor.  Page 4 of 191 City Council Regular Page 5 August 13, 2020 4.1.Public Hearing, presentation, discussion, and possible action on the City of College Station  FY2020­2021 Proposed Budget.  Sponsors:Mary Ellen Leonard Attachments:None 4.2.Presentation, discussion, and possible action on the FY 2020­2021 ad valorem tax rate; and if  necessary calling a public hearing on a proposed ad valorem tax rate for FY 2020­2021. Sponsors:Mary Ellen Leonard Attachments:None 4.3.Presentation, discussion, and possible action on a Construction contract with CB&I Storage  Tank Solutions in the amount of $6,613,685 for the construction of a three (3) million gallon  elevated storage tank with two (2) pressure reducing valves. Sponsors:Emily Fisher Attachments:1.Rock Prairie EST location Map 2.20­022 Tabulation Summary 4.4.Presentation,  discussion,  and  possible  action  regarding  approval  for  an  A/E  contract  with  construction phase services for the William D Fitch Rehab Phases 1 & 2 Projects with Kimley­ Horn and Associates, Inc. in the amount of $812,100 and a Resolution Declaring Intention to  Reimburse Certain Expenditures with Proceeds from Debt. Sponsors:Emily Fisher Attachments:1.Project Location Map 2.8­13­2020 DRR (WD Fitch Rehab) 5.Presentation,  discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of  specific factual information or the recitation of existing policy may be given. Any deliberation shall be  limited to a proposal to place the subject on an agenda for a subsequent meeting.  6.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website of the City of College Station,  Texas, on August 7, 2020 at 5:00 p.m.  This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   Page 5 of 191  City Secretary  City Council Regular Page 6 August 13, 2020 meeting  so  that  appropriate  arrangements  can  be  made.  If  the  City  does not  receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.” Page 6 of 191 August 13, 2020 Item No. 3.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • July 23, 2020 Workshop Meeting • July 23, 2020 Regular Meeting • July 27, 28, and 29th, 2020 Special (Budget) Meetings Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP072320 DRAFT Minutes 2.RM072320 DRAFT Minutes 3.BUDWKSHP072720 DRAFT Minutes 4.BUDWKSHP072820 DRAFT Minutes 5.BUDWKSHP072920 DRAFT Minutes Page 7 of 191 WKSHP072320 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION JULY 23, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney via Teleconference at 3:03 p.m. on Thursday, July 23, 2020 in the Administrative Conference Room of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 3:03 p.m. on Thursday, July 23, 2020 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas Page 8 of 191 WKSHP072320 Minutes Page 2 Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; in the 361st District Court, Brazos County, Texas B.Consultation with attorney to receive legal advice; to wit: Legal advice concerning a proposal to EBCS addressing the liabilities and assets of the corporation. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager Executive Session recessed at 4:28 p.m. 3. Reconvene from Executive Session and take action, if any. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted six (6) for and none (0) opposed, to recommend to the Board of Directors for Experience Bryan College Station that the board approve, as part of its winding up of corporate affairs, the proposed plan to discharge the corporation’s liabilities and distribute the corporation’s assets that has been negotiated between the City of Bryan and the City of College Station. The motion carried unanimously. 4. Presentation, possible action and discussion on items listed on the consent agenda. Items (3.5), (3.8), (3.10), and (3.11) were pulled from Consent for clarification. (3.5): Debbie Eller, Director of Community Services, explained that these funds came from the Cares Act funding for Public Service Agencies in the amount not to exceed $250,000 for the CSISD COVID-19 Family Empowerment Program. (3.8): Sindhu Menon, Director of Information Technology, explained that this amendment includes 42.3 additional fiber strand miles at a user licenses fee of $15,157.36 and a prorated maintenance fee of $367.16. The annual maintenance fee going forward for 146.26 total fiber strand miles will be increased by $2,202.98, an increase of 40.7%. (3.10): David Schmitz, Director of Parks and Recreation, explained that the Greenway Properties and the Parks Properties. The properties are being funded by the Parkland Dedication Fund, through the conversion of this land to parkland it is protected as parkland and located near adjacent park properties. (3.11): Mary Ellen Leonard, Director of Finance, explained how the staff arrived at the short term rental fees. Short Term Rental inspection fee $100.00 Short Term Rental permit fee $100.00 Short Term Rental permit renewal fee $75.00 5. Workshop 5.1 Presentation, discussion, and possible action on the FY 2020-2021 Proposed Budget. Page 9 of 191 WKSHP072320 Minutes Page 3 Mary Ellen Leonard, Director of Finance, presented the proposed FY 2020-2021 Budget and noted that budget workshop meetings are scheduled for July 27th, July 28th, and July 29th to review the proposed budget of $312,621,887 and to discuss key budget decision points. Property Tax Assumptions 2.05% overall increase in taxable value over last year Existing value increase is 0.47% New Value increase 1.58% $1.04 billion still under review $156 million in new taxable value Sales Tax Assumptions FY20 YEE is projected under budget by ($1.3M) or (4.3%) FY21 is Projected ($1.7 to $4.6M) or (6%-16%) below FY20 FY21 Budget is based off worst case of three scenarios Scenarios developed with help of data analytics firm Utility Transfer Assumption Increase Electric from 8% to 9% Increase collection on other utilities to policy of 10% Total dollar increase of $1.5M Capital Assumptions FY21 proposed budget $46 million or a 35% decrease No new capital projects added for FY21 in either the General Government or Utilities CIP HOT capital expenditures reflect Deferral of Southeast Park until FY23 Defunding of $5M for Veteran’s Park Phase II FY21 Bond Issuance – $53 million - March 2021 Council Approval Reflects a decrease in the planned issuance of debt – 22% HOT Fund Assumptions HOT Revenue is budgeted 73% below FY20 budgeted revenue FY20 Projected to be ($2.6M) below budget or (44%) FY21 Forecasted to be down another ($1.7M) or (52%) City tourism department budget is $2.2M and $1.1M Grant program Utility Fund Assumptions To date, revenues look not to be significantly affected by COVID-19 Growth rate <1% for FY20 Budgeting a 1% additional payment loss Subject to the hiring freeze and target budget reductions Impact will only strengthen fund balance FY22 Budget Outlook Currently able to project a balanced budget in FY22 in spite of anticipated revenue declines Ad Valorem = projecting a (2.00%) decrease in valuations for COVID effect Page 10 of 191 WKSHP072320 Minutes Page 4 Sales Tax estimate projecting recovery – still below FY20’s projected year end estimate Strategies to offset include continuing mitigation strategies from FY21: Utility Transfer increase continues Continuation of hiring freeze at some level Continuation of departmental expense reductions at some level Should these decreases continue beyond FY21, there will be significant service level reductions that will be implemented that could possibly include public safety, public works, parks programming, utility services, and other City services. A public hearing is scheduled for August 13th, adoption of the budget is scheduled for August 27th, and according to the charter, final action on the Proposed Budget must take place on or before September 27th. 5.2 Presentation, discussion, and possible action regarding the FY20 Utility Customer Service (UCS) Update. Mary Ellen Leonard, Director of Finance, presented the status of various Utility Customer Service initiatives and activities and the current status of community assistance. FY20 Summary of City Provided COVID 19 Assistance FUND Assistance Amount CDBG Economic Assistance Grants to local businesses $284,000 CDBG Rent Assistance to local charities $30,000 CDBG Public Service Agency Funding $500,000 CDBG Small Business Grants $500,000 HOME Rent Assistance $475,000 ECON DEV Small Business Loans $250,000 GENERAL Brazos Feed it Forward $40,000 HOT Grant Forgiveness for event Cancellations $622,000 COURT Waive Court Fine and Costs (where Community Service is applicable) $79,000 UTIL Removal of Late Fees, 3 months no disconnect, payment arrangements ~$500,000 Total Direct Aid From City Of College Station To Community $3,280,000 GENERAL TDEM– Public Health Reimbursement Grant ~1,000,000 FY20 Return To Business – Assistance Options Options to get assistance 2-1-1 BVCAP – 979-595-2850 Visit Utility Customer Services at 310 Krenek Tap Road Email utilities@cstx.gov Call 979.764.3535 and ask for a customer service representative Payment arrangements College Station CDBG Rental Assistance Program Page 11 of 191 WKSHP072320 Minutes Page 5 Texas Department of Emergency Management – Public Health Reimbursement Grant Hope to release in excess of $1,000,000 Application came out on July 15th First round is open until August 3rd Business Grant – not a loan Unexpected expenses related to COVID-19 eligible Medical expenses. Public health expenses. Payroll expenses for healthcare, human services, and employees whose services were substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Expenses for actions that facilitated compliance with COVID-19-related public health measures. As of 7/22/20, 12 applications received 5.3 Presentation, discussion, and possible action regarding Bicycle, Pedestrian, and Greenway Connectivity to Texas A&M University. Venessa Garza, Planning and Development, stated that City Council requested this item at their April 23rd Council meeting. Staff will provide an overview of opportunities to increase bicycle, pedestrian and greenway connectivity around and to Texas A&M University. Planning Efforts City efforts Bicycle, Pedestrian and Greenways Master Plan Neighborhood Plans – Southside and Eastgate Coordination Metropolitan Planning Organization’s Active Transportation Advisory Panel •2045 Metropolitan Transportation Plan – Regional Bicycle and Pedestrian Master Plan •University Drive (FM 60) Corridor Study Texas A&M University •Campus Master Plan; Mobility Study this Fall City of Bryan Texas Department of Transportation (TxDOT) Council directed staff to move forward with the planning efforts as staff presented. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan- College Station, Design Review Board, Economic Development Committee, Gulf Coast Page 12 of 191 WKSHP072320 Minutes Page 6 Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.) Councilmember Nichols reported on the Health Board. 8. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 6:24 p.m. on Thursday, July 23, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 13 of 191 RM072320 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION JULY 23, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 6:43 p.m. on Thursday, July 23, 2020 in the Administrative Conference Room of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Hear Visitors Comments Robert Rose, Bryan, came before Council to express his concerns related to the effects of COVID- 19 on public utilities and ask Council to extend the local a moratorium for utilities cutoffs. 3.CONSENT AGENDA 3.1. Presentation, possible action, and discussion of minutes for: July 23, 2020 Workshop Meeting July 23, 2020 Regular Meeting 3.2. Presentation, discussion, and possible action on Ordinance No. 2020-4199 authorizing a General and Special Runoff Election to be held on November 3, 2020, for the purpose of electing City Councilmembers, Place 1, 3, and 5, and for the purpose of electing City Councilmember Page 14 of 191 RM072320 Minutes Page 2 Place 4, by the qualified voters of the City of College Station, establishing early voting locations, polling places for this election and making provisions for conducting the election. (Presentación, discusión, y posible acción acerca de Ordenanza No. 2020-4199 autorizando elecciones generales y especiales de segunda vuelta a celebrarse el 3 de noviembre de 2020, con el propósito de elegir miembros del consejo de la ciudad para los puestos números 1, 3 y 5, y con el propósito de elegir miembro del consejo de la ciudad para el puesto número 4, por los votantes calificados de la Ciudad de College Station, estableciendo los puestos de votaciones tempranas, los centros de votaciones para estas elecciones e indicando las estipulaciones para realizar las elecciones.) 3.3. Presentation, discussion, and possible action on an interlocal government agreement with Brazos County for the conduct and management of the City of College Station General and Special Runoff Election that will be held on Tuesday, November 3, 2020. (Presentación, discusión, y possible acción acerca de una resolución que apruebe un acuerdo interlocal de gobierno con el Condado de Brazos para llevar a cabo y administrar las Elecciones Generales y Especiales de la Ciudad de College Station y para aprobar la Notificación de Elecciones Generales que se celebrarán el martes 3 de noviembre de 2020.) 3.4. Presentation, discussion, and possible action to approve the second renewal of an annual contract for Professional Auditing Services with BKD, LLP for an amount not to exceed $95,000. 3.5. Presentation, discussion, and possible action regarding a funding agreement with College Station Independent School District for Community Development Block Grant CARES Act funding for Public Service Agency funding in the amount not to exceed $250,000 for the CSISD COVID-19 Family Empowerment Program. 3.6. Presentation, discussion, and possible action on calling a Public Hearing on the City of College Station FY 2020-2021 Proposed Budget for Thursday, August 13, 2020 at 6:00 PM in the City Hall Council Chambers or via zoom as published on the agenda. 3.7. Presentation, discussion, and possible action on an amendment to the Second Restatement ILA for the Construction, Acquisition, Implementation, Operation and Maintenance of BVWACS and an amendment to the ILA for the Managing Entity by BVCOG for BVWACS both adding Madison County. 3.8. Presentation, discussion, and possible action on the third amendment to a leasing agreement with CEO Etc. increasing usage of the City’s fiber. 3.9. Presentation, discussion, and possible action regarding the renewal of the Interlocal Agreement with the City of Bryan for Management of the Larry J. Ringer Library. 3.10. Presentation, discussion, and possible action regarding the conversion of existing greenway property to parkland. The amount of greenway property being considered for conversion is 195.8 acres, all located adjacent to existing parkland. 3.11. Presentation, discussion, and possible action on amending Resolution No. 07-23-20-3.11 adopting fees, rates and charges as provided by Chapter 2 “Administration,” Article V “Finance,” Division 2 “Fees, Rates and Charges,” of the Code of Ordinances. Page 15 of 191 RM072320 Minutes Page 3 3.12. Presentation, discussion, and possible action regarding the approval of a contract with Zero/Six Consulting, LLC in the amount of $115,739.90 for building envelope consulting services for the New City Hall Project. 3.13. Presentation, discussion, and possible action regarding the award of a three year contract (contract no. 20300517; RFP no. 20-048) for Electric Right-of-Way Tree Trimming Services to Asplundh Tree Expert, LLC in the amount of $2,400,874.35. 3.14. Presentation, discussion, and possible action regarding the award of Community Development Block Grant - Coronavirus funding to Unity Partners dba Project Unity in the amount of $124,250 for the COVID-19 Assistance Program. 3.15. Presentation, discussion, and possible action regarding a professional services contract with McCord Engineering, Inc. for $600,000 for engineering services. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 4.REGULAR AGENDA 4.1. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2020- 4200_Budget Amendment #2 amending Ordinance No. 4128 which will amend the budget for the 2019-2020 Fiscal Year by various amounts in substantially all funds, with the exception of the enterprise funds, due to the impact of the COVID-19 pandemic. Mary Ellen Leonard, Director of Finance, stated that the proposed budget amendment is to decrease the FY20 budget appropriations by various amounts in substantially all funds due to the impact of the COVID-19 pandemic. Enterprise funds (Electric, Water, Wastewater, Solid Waste and Northgate Parking) were not impacted by the pandemic and have no adjustments in Budget Amendment #2. Due to the significance of the changes to multiple funds, detail related to budget amendment #2 is reflected in the proposed FY20-21 budget document in the column marked as FY20 Year-End Estimate. The FY20 Revised Budget reflects the original FY20 Budget plus Budget Amendment #1, which was approved on February 10, 2020. The City has adjusted resources so it can reasonably expect to cover the reduced appropriations in this budget amendment. If approved, the net revised budget appropriations will be reduced for fiscal year 2020 to $341,917,573. At approximately 6:55 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6.56 p.m. MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt, Ordinance No. 2020-4200 for Budget Amendment #2 amending Ordinance No. 4128 which will amend the budget for the 2019-2020 Fiscal Year by various amounts in substantially all funds, with the exception of the enterprise funds, due to the impact of the COVID 19 pandemic. The motion carried unanimously. Page 16 of 191 RM072320 Minutes Page 4 4.2 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4201 making certain affirmative findings and vacating and abandoning portions of a 15 foot wide public utility easement, said portions lying in Lot 1, Block 1 of the Cutting Edge Addition Subdivision, according to a final plat recorded in the official records of Brazos County, Texas and containing other provisions related to the subject. Alma Guerra, Planning and Development, stated that this partial Public Utility Easement abandonment is proposed by the applicant to address site constraints recognized during the design phase of the development. The 15-foot wide portion of the easement is no longer necessary as the public water line will be in a different location. Staff recommends approval of the abandonment. At approximately 6:58 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:58 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4201, making certain affirmative findings and vacating and abandoning portions of a 15 foot wide public utility easement, said portions lying in Lot 1, Block 1 of the Cutting Edge Addition Subdivision, according to a final plat recorded in the official records of Brazos County, Texas and containing other provisions related to the subject. The motion carried unanimously. 4.3 Public Hearing, presentation, discussion, and possible action approving Ordinance No. 2020-4202 making certain affirmative findings and vacating and abandoning a 0.2541 acre portion of a 20-foot wide Sanitary Sewer Easement, said portion lying along the northeast property line of Lots 1 and 2A of the Lakeview Acres Revised Subdivision according to the easement recorded in the Official Records of Brazos County, Texas. Anthony Armstrong, Planning and Development, stated that this public utility abandonment is being requested by the applicant as a result of replatting adjacent properties into a larger lot. The sewer line located in the easement will be abandoned, removed, and rerouted to accommodate development on the subject property. The 0.2541 acre sanitary sewer easement is located along Texas Ave South, across the Bee Creek Tributary from the City’s previous Police Station site. Staff recommends approval of the abandonment. At approximately 7:02 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:02 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4202, making certain affirmative findings and vacating and abandoning a 0.2541 acre portion of a 20-foot wide Sanitary Sewer Easement, said portion lying along the northeast property line of Lots 1 and 2A of the Lakeview Acres Revised Subdivision according to the easement recorded in the Official Records of Brazos County, Texas. The motion carried unanimously. 4.4 Presentation, discussion, and possible action regarding Ordinance No. 2020-4203 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Page 17 of 191 RM072320 Minutes Page 5 Jeff Capps, Interim City Manager, stated that on July 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, and June 22, 2020. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4203, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. 5.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Crompton requested an updated on Thomas Park and the current design phase that has been developed by the Parks Department with neighborhood input. 6.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 7:10 p.m. on Thursday, July 23, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 18 of 191 WKSHP072720 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION JULY 27, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Mary Ellen Leonard, Finance Director Carla Robinson, City Attorney Mary Ann Powell, Deputy City Attorney Tanya Smith, City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Budget Workshop of the College Station City Council was called to order by Mayor Karl Mooney at 1:08 p.m. on Monday, July 27, 2020 in the Administrative Conference Room via Teleconference of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Special (Budget) Agenda 2.1 Presentation, possible action, and discussion on the FY 2020-2021 Proposed Budget. Jeff Kersten, Assistant City Manager and Mary Ellen Leonard, Finance Director, provided a review of the proposed FY20-21 budget and citywide budget issues. STRATEGIC PLAN OBJECTIVES The focused is on the City’s Core Value of Financial Sustainability O&M Objectives Achieved. Balanced budget with a diversity of revenue sources Seek grants and other outside funding Page 19 of 191 WKSHP072720 Minutes Page 2 TDEM, Cares, Families First, HUD etc. not reflected until awarded Developed off of current worst case sales tax scenario Reflects reduction of compensation expense of ($2,881,000) Reflects reduction of services and other expenses ($2,492,000) Capital Objectives Achieved The city will endeavor to maintain or improve its current bond ratings Outlook upgraded to Stable 1.85% new money and .95% refunding interest rates The proposed FY21 budget is $312,621,887, this is 8.37% below last year’s due to the COVID- 19. A Public Hearing for the Budget will be held on Thursday, August 13, 2020 at 6:00 pm. Key decision points include public safety, maintenance needs, capital project planning and funding, compensation and benefits, wastewater rate increase, service level increases to address growth and maintenance needs; and the proposed tax rate is 53.4618 cents per $100 of assessed valuation and which is the same cents per $100 assessed valuation as the FY20 overall tax rate. The budget and tax rate are scheduled to be adopted September 27th. Staff prepared multiple sales tax scenarios for the FY21 budget, ranging from a (5.7%) to (16.3%) decrease below the FY20 budgeted sales tax level. The budget presented reflects the most conservative sales tax projection for the FY21 budget. Jeff Kersten, Assistant City Manager, presented Council an overview of the continued population growth in the city. The population within the City limits has steadily grown an average of 2.6% per year since the last census in 2010, with an overall growth of 28.1% since the last census. Because much of the demand for City services relates to the growth rate of its citizens, the Planning and Development Services department estimates population monthly between official US Censuses. The estimated City population is 123,761 as of June 30, 2020. The Texas A&M student population has also steadily grown at 16.9% per year since the last census in 2010. Spring 2020 enrollment for the University population according to Data and Research Services at Texas A&M was 59,837 with 81.4% of the student population living “off-campus” in the College Station community. Due to the concentration of off campus students enrolled in the University, the impact of an extended closure of University services was considered in the FY21 budget development. Property Tax Assumptions 2.05% overall increase in taxable value over last year Existing value increase is 0.47% New Value increase 1.58% $1.04 billion still under review $156 million in new taxable value The proposed budget recommends a tax increase of 2.8777 cents per $100 of assessed valuation. The proposed tax rate is 53.4618 cents per $100 assessed valuation with the Maintenance and Operations rate being 31.3174 cents per $100 assessed valuation; and the Debt Service rate being 22.1444 cents per $100 assessed valuation. Sales Tax Assumptions FY20 YEE is projected under budget by ($1.3M) or (4.3%) FY21 is Projected ($1.7 to $4.6M) or (6%-16%) below FY20 Page 20 of 191 WKSHP072720 Minutes Page 3 FY21 Budget is based off worst case of three scenarios Scenarios developed with help of data analytics firm Utility Transfer Assumption Increase Electric from 8% to 9% Increase collection on other utilities to policy of 10% Total dollar increase of $1.5M Other Revenues Other taxes is franchise fees for the use of right of ways Building permits and Court fines are adjusted for decreased activity and COVID-19 Other in FY20 includes sale of land of $1.4M GENERAL FUND EXPENDITURE OVERVIEW Mary Ellen Leonard, Finance Director, stated that the General Fund is the chief operating fund and primary governmental fund of the City of College Station that includes: the Police and Fire that is made up 52% of the total General Fund and General Fund Expenditures. The other departments that make up is General Fund are: Public Works 9%, Parks 12%, Planning 5%, Information Technology 7%, Fiscal Services 5% and General Government 10%. Mrs. Leonard, explained that the significant revenue losses as a result of the COVID‐19 pandemic discussed above, necessitated that the City reduce service levels which impacts the number of FTE’s included in the proposed FY21 budget. The City has elected to continue a flexible hiring freeze instituted in March 2020 of approximately 55 to 60 positions across all departments. In the General Fund alone, approximately 75.7% of total operating and maintenance expenditures are salaries and benefits. The number of employees per 1000 people in the City has decreased significantly from 9.68 people in 2011 to 7.88 people in 2021. The FY21 proposed budget also does not reflect the full time employees (FTE’s) that will join the City from Experience Bryan College Station as of August 1, 2020 as the City of College Station Tourism department. Approximately ten to twelve FTE’s, funded by the Hotel Tax Fund, will be added in the final approved budget document. Expense Reductions Departmental Travel, Training, Supplies and Other Reductions. Function Totals Supplies $682,000 Maintenance $280,000 Professional Serv.$638,000 Travel/Training $447,000 Transportation $78,000 Other Purchased Services $248,000 Direct Capital Contribution $42,000 Misc.$77,000 Grand Total ($2,492,000) At 3.13 p.m., the Mayor recessed the Special (Budget) Workshop. Page 21 of 191 WKSHP072720 Minutes Page 4 The Special (Budget) Workshop reconvened at 3:28 p.m. Five Year Forecast FY20 YEE FY21 FY22 FY23 FY24 FY25 Beginning Fund Bal – Assigned & Unassigned $ 24,328,349 $ 24,439,767 $ 25,268,502 $ 26,182,425 $ 26,217,387 $ 26,983,883 Revenues $ 83,801,818 $ 82,615,990 $ 83,933,559 $ 85,937,744 $ 88,414,482 $ 90,813,566 Total Expenditures $ 82,065,005 $ 81,787,255 $ 83,019,635 $ 85,902,782 $ 87,647,986 $ 87,682,624 Measurement Focus Inc. (Dec)($1,625,395) Surplus/(Deficit)$ 111,418 $ 828,735 $ 913,924 $ 34,961 $ 766,496 $ 3,130,942 Assigned Fund Balance $ 5,173,566 $ 7,636,985 $ 7,720,250 $ 7,836,243 $ 8,156,448 $ 8,643,367 Ending Unassigned Fund Balance $ 19,266,201 $ 17,631,517 $ 18,462,175 $ 18,381,144 $ 18,827,435 $ 21,471,458 Unassigned Reserve %23.48%21.59%21.36%20.70%20.79%23.80% FY22 Budget Outlook Currently able to project a balanced budget in FY22 in spite of anticipated revenue declines Ad Valorem = projecting a (2.00%) decrease in valuations for COVID effect Sales Tax estimate projecting recovery – still below FY20’s projected year end estimate Strategies to offset include continuing mitigation strategies from FY21: Utility Transfer increase continues Continuation of hiring freeze at some level Continuation of departmental expense reductions at some level Should these decreases continue beyond FY21, there will be significant service level reductions that will be implemented that could possibly include public safety, public works, parks programming, utility services, and other City services. 3. Adjournment MOTION: There being no further business, Mayor Mooney adjourned the budget workshop of the College Station City Council at 4:16 p.m. on Monday, July 27, 2020. ________________________ Karl Mooney, Mayor ATTEST: ________________________ Tanya Smith, City Secretary Page 22 of 191 WKSHP072820 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION JULY 28, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Mary Ellen Leonard, Finance Director Carla Robinson, City Attorney Mary Ann Powell, Deputy City Attorney Tanya Smith, City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Budget Workshop of the College Station City Council was called to order by Mayor Karl Mooney via Teleconference at 1:08 p.m. on Tuesday, July 28, 2020 in the Administrative Conference Room of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session No Executive Session was held. 3. Take action, if any, on Executive Session, No action was required from Executive Session. 4. Special (Budget) Agenda Page 23 of 191 WKSHP072820 Minutes Page 2 4.1 Presentation, possible action, and discussion on the FY 2020-2021 Proposed Budget. Mary Ellen Leonard, Finance Director, continued with the review of the proposed FY20-21 budget and citywide budget issues. ENTERPRISE FUNDS Mary Ellen Leonard, Finance Director, provided Enterprise funds summaries, along with Service Level Adjustments (SLAs) and proposed projects: The Electric Fund: FY21 operating budget decreased 3.29% from FY20 due to expected Purchased Power/Wheeling costs and reductions in supplies, maintenance, professional services, and travel/training. These reductions are in response to the uncertainty caused by COVID‐19. Additionally, Electric will freeze two vacant positions in FY21 in the amount of $108,000. The City does not propose a FY21 rate increase. COVID‐19 did not significantly affect operating revenue in FY20, as the City observed continued consumption across all customer classes. The Water Fund: The overall FY21 operating budget decreased 4.85% from the FY20 due to reductions in supplies, maintenance, professional services, travel/training, and direct capital. Additionally, Water will freeze three vacant positions in FY21. These reductions and hiring freeze are in response to the uncertainty caused by COVID‐19. The FY21 non‐operating budget increased 4.58% due to increases in Contingency, planned vehicle replacements, and G&A transfers. Contingency increased in response to possible COVID‐19 impacts. Net G&A transfers increased due to an updated allocation model and additional UCS costs. The ROR transfer is in lieu of franchise fee payments. For FY21, the City is proposing an ROR policy increase from 10% to 11% of budgeted operating revenue. The increased ROR transfer will support the General Fund’s response to COVID‐19. The City does not propose an FY21 rate increase. COVID‐19 did not significantly affect operating revenue in FY20, as the City observed continued consumption across all customer classes. The Wastewater Fund: The overall FY21 operating budget decreased 5.30% from FY20 due to reductions in supplies, maintenance, professional services, travel/training, and direct capital. Additionally, Wastewater will freeze four vacant position in FY21. These reductions and hiring freeze are in response to the uncertainty caused by COVID‐19. The FY21 non‐operating budget increased 17.10% due to increases in: Debt service, G&A transfers to UCS and the General Fund, Capital funding, the return on revenue (ROR) transfer to the General Fund, Vehicle replacement, and Contingency. The Impact Fee transfer increased due to the expected change in eligible projects’ debt service. When possible, the City attempts to match the Impact Fee transfer with expected debt service costs. The Sanitation Fund: Maintaining its revenue, COVID-19 did not have a significant impact on FY20 operating revenue but did cause a reduction in the growth assumption for FY21. Commercial and residential rates were increased in FY19 and include annual CPI-U Index to keep pace with inflation, if applicable. FY21 CPI-U increase is budgeted at 0%. FY21 budgeted revenue includes a payment from BVSWMA Inc. for the scheduled debt service payment. This revenue is Page 24 of 191 WKSHP072820 Minutes Page 3 offset by the debt service expenditure for the actual payment. Total proposed revenue increased due to the transfer from Fleet Replacement fund for the FY21 scheduled vehicle replacements. This transfer is offset by a corresponding scheduled capital purchase budget. The fund is projecting a 1% payment loss as a measurement adjustment in FY20 & FY21. The expenditure budget includes 4 SLAs for a reduction in Solid Waste in the amount of $150,441. The Northgate Parking Fund: FY21 proposed revenue is $1,354,000, an 8% decrease from FY20 revised budget due to continuing effects from COVID-19. There are no FY21 SLA increases, however $72,629 in decreases have been made in operations to mitigate the expected reductions in revenue. FY21 proposed expenditures are $1,352,302; description of expenditures types follows: Northgate District Operations approved base budget is $811,111 for salaries and benefits, supplies, maintenance, and purchased services. $100,000 for capital reserve, totaling $911,111. Non-departmental expenditures proposed: General and Administrative transfers of $91,191; Contingency amount of $53,378; Debt Service final payment for the Parking Garage was made in FY20. From FY01 to FY09, the Debt Service Fund made debt service payments on behalf of the Northgate Parking Fund for the garage. The Northgate Parking Fund reimbursed the Debt Service Fund as fund balance allowed. At the end of FY20, the Northgate Parking Fund still owes over $3.5 million for garage debt service payments. In FY21, Northgate Parking Fund will transfer $300,000 to the General Fund in lieu of a debt service reimbursement. GENERAL GOVERNMENT CAPITAL PROJECTS Eric Walker, CIP Coordinator, stated that the proposed Capital Improvements Project Budget for FY21 totals $46.74 million for all funds that include capital projects. This is a decrease of approximately $24.43 million or a (34.3%) decrease over the capital budget for FY20 yet reflects some significant capital projects scheduled to be addressed this coming year. The appropriations are intended to provide budget authorization for the contracts that are expected to be brought to Council for approval in FY21. In some cases, the expenditures related to these contracts may be spread across multiple fiscal years and, in those cases, the appropriations for the fiscal year would exceed the anticipated expenditure for the fiscal year. The appropriations on capital projects will carry forward into subsequent fiscal years. Associated operating and maintenance costs needed for the projects that will be operational in FY21 have been included in the proposed budget. Streets and Transportation: $146.2 million in projects budgeted FY21 appropriations compared to FY20 = increase 142.95% Projected FY21 expenses = $30.0 million Future funded project expenditures = $71.3 million Unfunded projects submitted for FY21 = $4.05 million Other considerations: No FY21 unfunded projects added to schedule and Anticipated $13.4 million FY21 debt issue Page 25 of 191 WKSHP072820 Minutes Page 4 Majority of the Council directed staff to adjust some of these items to include Puryear and James Street projects. Parks: $19M in projects budgeted Minor FY21 appropriations No debt issuance budgeted for FY21 Projects Expected to be Completed in FY21: Central Park Pavilion and Restrooms, Central Park Athletic Field Restrooms, Bee Creek Concessions / Restrooms, Veteran’s Park Phase 1B, Perimeter Fencing for Aggie Field of Honor and Memorial Cemetery Maintenance Shop Southeast Park project delayed until FY23 due to COVID19 Unfunded Projects Submitted for FY21 = $23,997,333 Majority of the Council directed staff to adjust some of these items to include Eastside/Thomas Park. Facilities & Technology: $104.5 million in projects budgeted FY21 appropriations compared to FY20 = decrease 89.4% Projected FY21 expenses = $25.9 million Future funded project expenditures = $7.7 million Unfunded projects submitted for FY21 = $875,000 (Tech) Other considerations: No FY21 unfunded projects added to schedule, Fire Station #7 TBD – depends on funding mechanism and Anticipated $2.4 million FY21 debt issue Electric: Budgeted FY21 expenses = $24.6 million FY21 appropriations compared to FY20 = decrease 66.3% Future funded project expenditures = $61 million Projects funded via cash basis Other considerations: AMI installation and deployment will span FY20 and FY21, Graham Road substation complete, Utility Service Center Design projected for FY21 – with Water/WW and Anticipated $3.5 million FY21 debt issue for Spring Creek Ring Bus project Water: $69.3 million in projects budgeted FY21 appropriations compared to FY20 = decrease 55.3% Projected FY21 expenses = $18.3 million Future funded project expenditures = $33.1 million Priority unfunded projects submitted for FY21 = $4.4 million Other considerations: Water Rights project defunded in FY20, debt moved to Water Tower, No FY21 unfunded projects added to schedule, Utility Service Center Design projected for FY21 – with Electric & WW and Anticipated $11.3 million FY21 debt issue Wastewater: $168.6 million in projects budgeted Page 26 of 191 WKSHP072820 Minutes Page 5 FY21 appropriations compared to FY20 = increase 3.8% Projected FY21 expenses = $35.2 million Future funded project expenditures = $67 million Priority unfunded projects submitted for FY21 = $3.5 million Other considerations: No FY21 unfunded projects added to schedule, Utility Service Center Design projected for FY21 – with Electric & Water and Anticipated $20.4 million FY21 debt issue Mayor Mooney recessed the budget workshop at 2:45 p.m. The budget workshop reconvened at 3:00 p.m. DEBT SERVICE FUND Michael Dehaven, Assistant Finance Director, stated that the Debt Service Fund is a restricted account that holds the payments on all outstanding debt for General Government Projects. Debt payments for the Enterprise Funds are not held in this account. Operating revenues are projected to increase 1.25% in FY21 to $22,050,075. This is due to changes in property valuation, added property valuation, added property to the tax rolls, an increased transfer from the Cemetery funds, and the aforementioned tax rate change. The Cemetery transfer services debt issued by the city to pay for the design and construction of a cemetery fence and building. The City expects debt obligation payments, which account for the vast majority of operating expenditures, to decrease 5.35% in FY21 due to refunding and lower than expected interest rates. This will result in a projected fund balance growth of $2,379,260. The City will use this increase to fund future capital projects. PROJECTED DEBT ISSUANCES FY21-FY25 FY21 FY22 FY23 FY24 FY25 Utility Debt $35,140,000 $39,440,000 $16,825,000 $17,136,000 $10,100,000 Gen Govt Debt $17,813,000 $36,058,000 $18,255,000 $8,742,000 $7,520,000 GENERAL GOVERNMENT DEBT SERVICE FUND Move of ½ cent to O&M to help with COVID-19 Growth thru FY25 = 4.38% Other Considerations: Capacity for ~$1MM in new projects Maximum tax rate of $2.50 / $100 assessed valuation limits growth SPECIAL REVENUE FUNDS Mary Ellen Leonard, Finance Director, stated that Special Revenue Accounts are reserved accounts where the City can only use the funds on very specific expenses. Some of the accounts we have in this area have little activity or no particular qualifying expense is budgeted to be paid for with those funds. The only Special Revenue Funds that were discussed was the significant one with activity in FY21. Page 27 of 191 WKSHP072820 Minutes Page 6 DRAINAGE UTILITY FUND Proposed expenditures will decrease for FY21 due to budget reductions and prior year budget appropriations for capital projects carry forward and span fiscal years. Drainage projects are funded by utility fee revenue collected from residential and commercial consumers. COVID-19 did not have a significant impact on FY20 operating revenue but did cause a reduction in the customer growth assumption for FY21. Drainage fees will have an annual CPI-U adjustment as of October 1 if applicable. FY21 CPI-U increase is 0% and investment earning will decrease due to current interest rates. The fund is projecting a 1% payment loss as a measurement adjustment in FY20 and FY21. An SLA is proposed for the purchase of a trailer mounted storm drain clean out system in the amount of $71,000. IMPACT FEE FUNDS Water: Average annual revenue =$330,000; fees in lieu of additional 9% rate increase Projected FY20 revenue =$320,000 Fees support eligible projects’ debt service, primarily Well #9, and SH6 Waterline FY21 Revenue will offset Impact Fee Study of $150,000 (Water SLA) Wastewater: Average annual revenue =$1.6 million; fees in lieu of additional 14% and 8% rate increases Projected FY20 revenue =$1.5 million Fees support eligible projects’ debt service: LCWWTP, Lick Creek Trunkline, NE Trunkline FY21 Revenue will offset Impact Fee Study of $150,000 (WW SLA) Transportation: 4 (four) separate funds, City must spend revenue in Zone collected, revenue varies based on development Projected FY20 revenue =$955,000 across all 4 Zones;$570,000 in Zone B For FY21, proposed transfer of $450,000 from Zone B for Rock Prairie Rd. W (ST1604) Proposed FY21 SLA = Impact Fee Study of $70,000, paid for with revenue from all 4 Zones ROAD MAINTENANCE FUND This fee was established in FY17 and moneys collected are used on maintenance activities on existing roads. There is no reserve requirement on this fund and all moneys collected are spent or scheduled to be spent on maintenance projects. Weather can impact the schedule of spending. The FY20 beginning fund balance of $510,000 due to prior years sale of road milling and COVID19 mitigation strategy established for Roadway Maintenance to assume streets maintenance work originally planned in the General Fund using fund balance. In the FY21 proposed budget there is no planned CPI-U adjustment for residential & commercial rates in FY21. INTERNAL SERVICE FUNDS Mary Ellen Leonard, Finance Director, stated that Internal Service Funds are special accounts to accumulate support costs by internal city departments that serve the major operational departments Page 28 of 191 WKSHP072820 Minutes Page 7 like Police, Fire, Parks, Public Works, Electric, Water and Wastewater. There is a decrease in Utility Customer Service of $21,000 and $69,300 in Fleet Maintenance. Employee Benefit (Insurance) Fund FY20 Review Revenues and expenses are projected to be at 91% of budget for the year. FY21 Proposed Budget (Proposed Revenues) 9% Increase in Employer contributions No change in Employee contributions FY21 Proposed Budget (Proposed Expenses) 6% Increase in Medical and Prescription Claims 4% Increase in Dental Claims Expenses 3% Increase in Health Clinic Expenses REPLACEMENT FUNDS Fleet Maintenance Fund Average growth since FY16= 4.0% or 18 vehicles per year All fleet vehicles are included in the replacement fund Other Considerations: Shore up funding using debt revolver through FY24. (Average yearly$750K) Technology Replacement Fund A technology specific replacement fund was established in FY20 due to the costs of rapidly changing technology Related Equipment: Copiers MDTs Servers Equipment Replacement Fund Funding began in FY17 for long-lived Police and Fire equipment Fund considered fully funded Related Equipment: Police body camera Police in-car video Fire SCBA Fire extrication tools Fire thermal imaging cameras 4.2 Presentation, possible action and discussion on the 2020-2021 ad valorem tax rate; and calling two public hearings on a proposed ad valorem tax rate for FY 2020-2021. Mary Ellen Leonard, Finance Director, stated that there will not be a discussion on the ad valorem tax rate for FY 2020-2021, due to not receiving the necessary information to authorize the calling of the two public hearings on a proposed ad valorem tax rate for FY 2020-2021, of 53.4618 cents Page 29 of 191 WKSHP072820 Minutes Page 8 per $100 assessed valuation the Maintenance and Operations rate be 31.3174 cents per $100 assessed valuation; and the Debt Service rate be 22.1444 cents per $100 assessed valuation. 5. Adjournment MOTION: There being no further business, Mayor Mooney adjourned the budget workshop of the College Station City Council at 4:08 p.m. on Tuesday, July 28, 2020. ________________________ Karl Mooney, Mayor ATTEST: _________________________ Tanya McNutt, City Secretary Page 30 of 191 WKSHP072920 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION JULY 29, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Mary Ellen Leonard, Finance Director Carla Robinson, City Attorney Mary Ann Powell, Deputy City Attorney Tanya Smith, City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Budget Workshop of the College Station City Council was called to order by Mayor Karl Mooney via Teleconference at 1:07 p.m. on Wednesday, July 29, 2020 in the Administrative Conference Room of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Special (Budget) Agenda 2.1 Presentation, possible action, and discussion on the FY 2020-2021 Proposed Budget. Jeff Kersten, Assistant City Manager, continued their review of the proposed FY20-21 budget in the General Fund and Outside Agency Requests. HOTEL TAX FUND AGENCY FUNDING Page 31 of 191 WKSHP072920 Minutes Page 2 The HOT Revenue has been budgeted 73% below the FY20 budgeted revenue. FY20 projected to be ($2.6M) below budget or (44%) FY 21 forecasted to be down another ($1.7M) or (52%) Revenue was up 6% pre-COVID-19 $113,595 in deferments to date revenue reduction not anticipated to pick up until FY23. HOT Funded City Departments: Experience Bryan College Station brought in-house as new Tourism Department in August 2020 TAMU Preferred Access Payment anticipated to be higher for FY20 and FY21. Administration is HOT Tax collection for Hotels and Short Term Rentals Natalie Ruiz, Economic Development Director, state that the overall goal is to incorporate tourism with our economic development efforts, consolidate and streamline all of our current sales and recruitment efforts for industry, retail and visitors. In order to accomplish that we need to finalize the separation from EBCS (currently underway), establish a city framework & plan for sales, servicing, marketing and key partnerships and then implement that framework. Mrs. Ruiz explained that in terms of timeline, we’re estimating that by February we will be ready to begin implementing that framework. The FY20 EBCS was budgeted in the amount of $3,351,800 and the FY21 COCS function is estimated in the amount of $3,320,000. HOT Capital Projects: Design is progressing for the Texas Independence Ballpark at Midtown Construction has been delayed until at least FY23 Elimination of Veteran’s Park Phase II Veteran’s Park and the new Southeast Park have each been partially funded by the use of this special revenue. Assigned Fund balance: $5,155,010 - Southeast Park Construction $175,000 - Southeast Park Equipment and staff $5,000,000 - Veteran’s Park Phase II – defunded to allow for City Tourism Department HOT Revenue is being budgeted worst case at 73% below FY20 budgeted revenue City tourism department budget is $2.2M - 12% increase Grant program budgeted at $1.1M – 64% increase Agencies - Eliminated: Easterwood Airport Advertising Agencies with 10% Decreases: Arts Council Affiliate Funding – 10% decrease B.CS Chamber of Commerce – 10% decrease Veterans Memorial – 10% decrease Page 32 of 191 WKSHP072920 Minutes Page 3 Agencies Requesting Increases: Health District Amount Requested $434,572 Increase = 10% increase from FY20 budgeted level Agencies with 5% Reduction from FY20: Aggieland Humane Amount Requested $248,520 Art’s Council – General Fund Amount Requested $33,250 BVEDC Amount Requested $332,500 Lions Club Amount Requested $16,625 Appraisal District Amount Requested $415,193 Keep Brazos Beautiful (Solid Waste) Amount Requested 5% decrease OUTSIDE AGENCY FUNDING Jeff Kersten, Assistant City Manager, provided a brief overview of the outside agency funding requests. Requests from General Fund amounted to $1,585,119 for: Agencies with No Requested Increase: Arts Council ($35,000) BV Economic Development Corporation ($350,000) Keep Brazos Beautiful ($25,000) Aggieland Humane Society ($261,600) 4.2% decrease Agencies Requesting Increases: Noon Lions Club Amount Requested $17,500 Increase = $2,500 or 17% Future growth = 0% Brazos County Appraisal District Amount Requested $461,447 Increase = $78,027 or 20.4% Future growth = 8% Brazos County Health District Amount Requested $434,572 - Health Board recommended a 10.0% increase Amount Proposed $408,892 or 3.5% increase Future growth = 10% Page 33 of 191 WKSHP072920 Minutes Page 4 2.2. Presentation, possible action and discussion on the 2020-2021 ad valorem tax rate; and calling a public hearing on a proposed ad valorem tax rate for FY 2020-2021. Jeff Kersten, Assistant City Manager, gave a brief overview of the discussion on the tax rate. He stated we already discussed that the city is unlikely to have new revenue, the slowdown of development, existing property values appear to be decreasing, and the impact that COVID-19 is having on the valuation and sales tax. Staff recommended we hold the same tax rate; each cent on the tax rate generates approximately $800,000 and the average increase in single family home valuations from 2019 to 2020 is 1.09%. Mr. Kersten explained that due to not having any updated information from the tax office and appraisal district, we will need to bring back the discussion of calling a public hearing at a special meeting. 3. Adjournment MOTION: There being no further business, Mayor Mooney adjourned the budget workshop of the College Station City Council at 2:43 p.m. on Wednesday, July 29, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 34 of 191 August 13, 2020 Item No. 3.2. Amending Ordinance Ordering General and Special Runoff Elections (Ordenanza modificatoria que ordena elecciones generales y especiales de segunda Vuelta) Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance amending Ordinance No. 2200-4199 adopted on or about July 23, 2020 authorizing a general and special runoff election to be held on November 3, 2020, for the purpose of electing Councilmembers, Place 1, 3, and 5, and for the purpose of electing City Councilmember Place 4, amending the dates and times of early voting, and making provisions for conducting the election. (Presentación, discusión, y posible acción sobre una ordenanza enmendando Ordenanza No. 2200-4199 aprobada el o aproximadamente el 23 de julio de 2020, autorizando una elección de segunda vuelta general y especial que se celebrará el 3 de noviembre de 2020, con el fin de elegir a los miembros del Consejo, Lugar 1 , 3 y 5, y con el propósito de elegir al Miembro 4 del Concejo Municipal, enmendando las fechas y horas de la votación anticipada y tomar disposiciones para llevar a cabo la elección..) Relationship to Strategic Goals: Good Governance (Buen gobierno) Recommendation(s): (Recomendación): Approve as presented to the City Council. (Aprobar en cuanto sea presentado ante el Consejo de la Ciudad.) Summary: (Resumen): Governor Greg Abbott issued a proclamation suspending Section 85.001(a) of the Texas Election Code to expand the early voting period for the November 3, 2020 elections. Pursuant to the Governor’s proclamation, the early voting period for any election authorized to occur on November 3, 2020 will begin on Tuesday, October 13, 2020 and last through Friday, October 30, 2020. As the proclamation recognizes, this expansion will allow for increased in-person voting opportunities for the November 3, 2020 elections while maintaining appropriate social distancing standards in response to the COVID-19 disaster. (El gobernador Greg Abbott emitió una proclamación que suspende la Sección 85.001 (a) del Código Electoral de Texas para ampliar el período de votación anticipada para las elecciones del 3 de noviembre de 2020. De conformidad con la proclamación del Gobernador, el período de votación anticipada para cualquier elección autorizada a realizarse el 3 de noviembre de 2020 comenzará el martes 13 de octubre de 2020 y durará hasta el viernes 30 de octubre de 2020. Como reconoce la proclamación, esta expansión permitirá aumentar las oportunidades de voto en persona para las elecciones del 3 de noviembre de 2020 manteniendo al mismo tiempo las normas de distanciamiento social apropiadas en respuesta a la catástrofe COVID-19.) Budget & Financial Summary: None Reviewed & Approved by Legal: No Page 35 of 191 Attachments: 1.ORD Amend Call Election (0729) 2.ORD Amend Call Election (0729) Spanish Page 36 of 191 ORDINANCE NO. ________________ AN ORDINANCE AMENDING ORDINANCE NO. 2020-4199 ADOPTED ON OR ABOUT JULY 23, 2020 AUTHORIZING A GENERAL AND SPECIAL RUNOFF ELECTION TO BE HELD ON NOVEMBER 3, 2020, FOR THE PURPOSE OF ELECTING CITY COUNCILMEMBERS, PLACE 1, 3 AND 5, AND FOR THE PURPOSE OF ELECTING CITY COUNCILMEMBER PLACE 4; AMENDING THE DATES AND TIMES OF EARLY VOTING; AND MAKING PROVISIONS FOR CONDUCTING THE ELECTION. WHEREAS, on or about July 23, 2020 the City Council of the City of College Station, Texas adopted Ordinance No. 2020-4199 calling for a general and special runoff election to be held November 3, 2020; and WHEREAS, since then additional dates and times for early voting have been added so that the City Council of the City of College Station, Texas finds it to be in the best interests of the general public to amend the above ordinance to incorporate such additional dates and times; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. That the facts and recitations set forth in the preamble of this Ordinance are declared true and correct. SECTION 2. A general and a special runoff election are ordered to be held by the City of College Station (the “City”) at the various polling places and election precincts within the corporate limits of the City, as hereinafter designated, on November 3, 2020, from the hours of 7:00 a.m. to 7:00 p.m. These general and special runoff elections will be conducted jointly with Brazos County and will be administered for the City by the Brazos County Elections Administrator, but these general and special runoff elections are not county-wide elections. At these elections the qualified voters of the City will elect City Councilmember Place 1, with a position of a two year term and Councilmembers for Places 3 and 5, with each position having a term of four years and for the purpose of electing City Councilmember Place 4 in a special election run off by the qualified voters of the City of College Station among the two candidates receiving the highest number of votes cast. SECTION 3. Should any candidate in the general election for Councilmembers for Places 1, 3 and 5 fail to receive a majority vote, then in that event a runoff election shall be ordered for such position in the general election to which no one was elected by a majority of votes case as required by Section 17 (e) of the City Charter, as amended. In the event it becomes necessary to conduct a runoff election, it shall be held on Tuesday, December 8, 2020. Canvass of the returns of the runoff election, if necessary, shall be held no earlier than the 8th day and no later than the 11th day following the date of the runoff election or on the next regular business day if the 11th day falls on a Saturday, Sunday or official state holiday. SECTION 4. The Vote Centers (polling locations) for College Station for these election shall be as follows: Page 37 of 191 Vote Centers Vote Centers Arena Hall 2906 Tabor Road Bryan, Texas Church of the Nazarene 2122 E William J Bryan Pkwy Bryan, Texas Lincoln Center 1000 Eleanor College Station, Texas Castle Heights Baptist Church 4504 E. Hwy 21 Bryan, Texas Rudder Exhibit Hall - Texas A&M Campus, 401 Joe Routt Blvd. College Station, Texas First Baptist Church - Bryan 3100 Cambridge Drive Bryan, Texas College Station ISD Administration Building 1812 Welsh College Station, Texas Living Hope Baptist Church 4170 Texas 6 Frontage Rd College Station, Texas Parkway Baptist Church 1501 Southwest Parkway College Station, Texas Beacon Baptist Church 2001 East Villa Maria Road Bryan, Texas College Station City Hall 1101 Texas Avenue College Station, Texas A&M Church of Christ – Commons/Refinery 2475 Earl Rudder Fwy S. College Station, Texas Wellborn Community Center 4119 W. Greens Prairie Road College Station, Texas Fellowship Freewill Baptist Church 1228 W. Villa Maria Road Bryan, Texas Zion Church of Kurten 977 N. FM 2038 Kurten, Texas College Station Utilities Meeting & Training Facility 1603 Graham Road College Station, Texas Millican Community Center 22284 Pierce Street Millican, Texas Christ United Methodist Church 4201 State Hwy 6 College Station, Texas Brazos County Administration Building 200 S Texas Avenue Bryan, Texas Galilee Baptist Church 804 N. Logan Bryan, Texas Bryan Ballroom 703 Palasota Dr. Bryan, Texas College Heights Assembly of God 4100 Old College Rd. Bryan, Texas GW Williams Tabernacle 311 Waco St. /1216 Eureka St. Bryan, Texas Brazos Center 3232 Briarcrest Drive Bryan, Texas Texas A&M College of Medicine 8447 Riverside Parkway Bryan, Texas SECTION 5. Joint early voting shall be conducted by personal appearance and by mail. The period for early voting by personal appearance for the general and the special runoff election shall be October 19 through October 30, 2020. Optical scan ballots shall be used for early voting by mail and direct recording electronic voting machines shall be used for early voting by personal appearance. The Early Voting Clerk for said elections shall be the Brazos County Elections Administrator. She shall determine the number of election workers to be hired Page 38 of 191 and arrange for training of all election workers. Early voting by personal appearance for the general and special runoff election shall be conducted jointly at the locations and on the following dates and times specified by the Brazos County Elections Administrator: Places: Brazos County Administration Building (Sanctuary) – 200 S Texas Avenue, Bryan, Texas. Arena Hall – 2906 Tabor Road, Bryan, Texas. Galilee Baptist Church – 804 N. Logan, Bryan, Texas. College Station Utilities Meeting & Training Facility – 1603 Graham Road, College Station, Texas Memorial Student Center - Room L504, Texas A&M University, Joe Routt Blvd., College Station, Texas. Dates and Times: October 13 – October 17 8:00 am – 5:00 pm (Tuesday – Saturday) October 19 – October 23 8:00 am – 5:00 pm (Monday – Friday) October 24 7:00 am – 7:00 pm (Saturday) October 25 10:00 am – 3:00 pm (Sunday) October 26 – October 30 7:00 am – 7:00 pm (Monday - Friday) SECTION 6. Early voting by mail ballot shall be conducted in accordance with applicable provisions of the Texas Election Code. The address of 300 East Wm. J. Bryan Pkwy, Suite 100, Bryan, Texas 77803, shall be the early voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent for the City. SECTION 7. All early votes and other votes to be processed in accordance with early voting procedures pursuant to the Texas Election Code shall be delivered to the Early Voting Ballot Board at the Brazos County Election Administrator’s office. Early votes shall be counted at the central counting station. The Early Voting Ballot Board shall perform in accordance with applicable provisions of the Election Code. SECTION 8. A Direct Record Electronic (“DRE”) System, as the term is defined in the Texas Election Code, shall be utilized in connection with these elections. This system shall be utilized for all early voting as well as for all precinct voting conducted on Election Day. The Brazos County Elections Administrator will appoint a programmer, who shall prepare a program for the automatic tabulating equipment. Ample voting equipment shall be provided for early voting and in each of the various precincts on Election Day. The central counting station is established as the Brazos Center, 3232 Briarcrest Drive, Bryan, Texas. SECTION 9. The Brazos County Elections Administrator will appoint the Early Voting Ballot Board, a Presiding Judge of the Central Counting Station, a Tabulation Supervisor of the Central Counting Station, and a Central Counting Station Manager. Page 39 of 191 SECTION 10. The election will be held in accordance with the provisions of the Charter and Ordinances of the City of College Station and the laws of the State of Texas. SECTION 11. Notice of the elections, including Spanish translations thereof, will be published at least once in a newspaper published in College Station on or after September 28, 2020, and on or before October 9, 2020, and will be posted on the bulletin board at City Hall on or before October 5, 2020. SECTION 12. A writ of election as required by the Texas Election Code will be delivered on or before October 13, 2020, by the Brazos County Elections Administrator to the presiding and alternate judges of each election precinct in which the election is ordered to be held. SECTION 13. Testing of the automatic tabulating equipment will be performed and notice thereof will be given in accordance with Subchapter D of Chapter 127 of the Texas Election Code. SECTION 14. If any portion of this Ordinance is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect. SECTION 15. That Ordinance No. 2020-4199 adopted on or about July 23, 2020 is hereby amended to the extent inconsistent herewith. SECTION 16. That this Ordinance shall be effective immediately upon adoption. APPROVED AND ADOPTED by the City Council of the City of College Station this 13th day of August, 2020. CITY OF COLLEGE STATION: Karl Mooney, Mayor ATTEST: Tanya Smith, City Secretary APPROVED AS TO FORM: City Attorney Page 40 of 191 Page 41 of 191 ORDENANZA NO. ______________ UNA ORDENANZA QUE MODIFICA LA ORDENANZA NO. 2020-4199 APROBADA EL O ALREDEDOR del 23 DE JULIO DE 2020 AUTORIZANDO ELECCIONES GENERALES Y ESPECIALES DE SEGUNDA VUELTA A CELEBRARSE EL 3 DE NOVIEMBRE DE 2020, CON EL PROPÓSITO DE ELEGIR MIEMBROS DEL CONSEJO DE LA CIUDAD PARA LOS PUESTOS NÚMEROS 1, 3 Y 5, Y CON EL PROPÓSITO DE ELEGIR MIEMBRO DEL CONSEJO DE LA CIUDAD PARA EL PUESTO NÚMERO 4, ENMENDANDO LAS FECHAS Y HORAS DE LA VOTACIÓN TEMPRANA; Y HACIENDO LOS ARREGLOS NECESARIOS PARA DIRIGIR LAS ELECCIONES CONSIDERANDO que, el o alrededor del 23 de Julio de 2020, el Concejo Municipal de la Ciudad de College Station, Texas, adoptó la Ordenanza No. 2020-4199 que convoca a una elección de segunda vuelta general y especial que se celebrará el 3 de Noviembre de 2020; y CONSIDERANDO que, desde entonces, se han agregado fechas y horarios adicionales para la votación temprana, de modo que el Concejo Municipal de la Ciudad de College Station, Texas, considere que es lo mejor para el público en general enmendar la ordenanza anterior para incorporar tales fechas y horarios adicionales; ahora por lo tanto POR LO TANTO, El CONSEJO DE LA CIUDAD DE COLLEGE STATION, TEXAS DISPONE LO SIGUIENTE: SECCIÓN 1. Que los hechos y recitaciones establecidos en el preámbulo de esta Ordenanza se declaran verdaderos y correctos. SECCIÓN 2. Se ordenan elecciones generales y especiales de segunda vuelta a celebrarse para la Ciudad de College Station (la “Ciudad”) en los diferentes centros de votaciones y distritos electorales dentro de los límites corporativos de la Ciudad, como se designa en este documento, el 3 de noviembre de 2020 de las 7:00 a.m. a las 7:00 p.m. Estas elecciones generales y especiales de segunda vuelta de la Ciudad se celebrarán conjuntamente con el Condado de Brazos, y serán administradas para la Ciudad por el Administrador de Elecciones del Condado de Brazos; pero estas elecciones generales y especiales de segunda vuelta no serán elecciones para todo el condado. En estas elecciones, los votantes calificados de la Ciudad elegirán Miembro del Consejo de la Ciudad para el Puesto número 1, con un término de dos años; Miembro del Consejo para los Puestos números 3 y 5, con términos de cuatro años; y con el propósito de elegir a un Miembro del Consejo Puesto número 4, en elecciones especiales de segunda vuelta, por los votantes calificados de la Ciudad de College Station, entre los dos candidatos que recibieron los números más altos de votos emitidos. SECCIÓN 3. Si algún candidato en las elecciones generales para Miembros del Consejo Puestos números 1,3 y 5 no recibiese una mayoría de votos, entonces en esa ocasión se ordenarán elecciones de segunda vuelta para dicho puesto en las elecciones generales en las cuales nadie fue elegido por mayoría de votos emitidos como se requiere en la Sección 17 (d) de los Estatutos de la Ciudad, según la enmienda. En caso fuese necesario realizar elecciones de segunda vuelta, éstas se celebrarán el martes 8 de diciembre de 2020. El escrutinio de los votos de las elecciones de segunda vuelta, si fuese necesario, no se podrán realizar antes del 8o día ni pasarse del 11o día después de la fecha de las elecciones de segunda vuelta o en el siguiente día laboral si el 11o día cae en sábado, domingo o feriado oficial del estado. SECCIÓN 4. Los Centros de Votaciones (sitios de votaciones) para College Station para estas Page 42 of 191 elecciones serán las siguientes: Centros de Votaciones Centros de Votaciones Arena Hall [Salón Arena] 2906 Tabor Road Bryan, Texas Church of the Nazarene [Iglesia del Nazareno] 2122 E William J Bryan Pkwy Bryan, Texas Lincoln Center [Centro Lincoln] 1000 Eleanor College Station, Texas Castle Heights Baptist Church [Iglesia Bautista Castle Heights] 4504 E. Hwy 21 Bryan, Texas Rudder Exhibit Hall - Texas A&M Campus [Rudder Sala de Exposiciones – Texas A&M Campus] 401 Joe Routt Blvd. College Station, Texas First Baptist Church – Bryan [Iglesia Bautista First Baptist en Bryan] 3100 Cambridge Drive Bryan, Texas College Station ISD Administration Building [Edificio Administrativo del Distrito Escolar Independiente de College Station] 1812 Welsh College Station, Texas Living Hope Baptist Church [Iglesia Bautista Living Hope] 4170 Texas 6 Frontage Rd College Station, Texas Parkway Baptist Church [Iglesia Bautista Parkway] 1501 Southwest Parkway College Station, Texas Beacon Baptist Church [Iglesia Bautista Beacon] 2001 East Villa Maria Road Bryan, Texas College Station City Hall [Municipalidad de College Station] 1101 Texas Avenue College Station, Texas A&M Church of Christ – Commons/Refinery [Iglesia de Cristo de A&M – Comunes/ Refinería] 2475 Earl Rudder Fwy S. College Station, Texas Wellborn Community Center [Centro Comunitario de Wellborn] 4119 W. Greens Prairie Road College Station, Texas Fellowship Freewill Baptist Church [Iglesia Bautista Fellowship Freewill] 1228 W. Villa Maria Road Bryan, Texas Zion Church of Kurten [Iglesia Zion en Kurten] 977 N. FM 2038 Kurten, Texas College Station Utilities Meeting & Training Facility [Edificio de Conferencias y Capacitación de la Empresa Eléctrica de College Station] 1603 Graham Road College Station, Texas Millican Community Center [Centro Comunitario de Millican] 22284 Pierce Street Millican, Texas Christ United Methodist Church [Iglesia Metodista Unida de Cristo] 4201 State Hwy 6 College Station, Texas Brazos County Administration Building (Sanctuary) [Edificio Administrativo del Condado de Brazos (Santuario)] 200 S Texas Avenue Bryan, Texas Galilee Baptist Church [Iglesia Bautista Galilee] 804 N. Logan Bryan, Texas Page 43 of 191 Bryan Ballroom [Salón de baile de Bryan] 703 Palasota Dr. Bryan, Texas College Heights Assembly of God [Iglesia Asamblea de Dios College Heights] 4100 Old College Rd. Bryan, Texas GW Williams Tabernacle [Tabernáculo GW Williams] 311 Waco St. Bryan, Texas Brazos Center [Centro de Brazos] 3232 Briarcrest Drive Bryan, Texas Texas A&M College of Medicine [Texas A&M Colegio de Medicina] 8447 Riverside Parkway Bryan, Texas SECCIÓN 5. Las elecciones tempranas conjuntas se realizarán en persona y por correo. El período para las votaciones tempranas en persona para las elecciones generales y especiales de segunda vuelta será del 19 al 30 de octubre de 2020. Las boletas electorales de escaneo óptico serán utilizadas para las votaciones tempranas por correo y las máquinas electrónicas de registro directo serán utilizadas para las votaciones tempranas en persona. El Oficial de las Votaciones Tempranas para dichas elecciones será el Administrador de Elecciones del Condado de Brazos. Ella determinará el número de personas a contratar y hará los arreglos necesarios para la capacitación de todas las personas contratadas para trabajar en las elecciones. Las votaciones tempranas realizadas en persona para las elecciones generales y especiales de segunda vuelta serán dirigidas conjuntamente en los centros de votaciones y en las fechas y horarios señalados por el Administrador de Elecciones del Condado de Brazos. Se detalla como sigue: Centros de Votaciones: Brazos County Administration Building (Sanctuary) – 200 S Texas Avenue, Bryan, Texas. [Edificio Administrativo del Condado de Brazos (Santuario)] Arena Hall – 2906 Tabor Road, Bryan, Texas [Salón Arena] Galilee Baptist Church – 804 N. Logan, Bryan, Texas [Iglesia Bautista Galilee] College Station Utilities Meeting & Training Facility – 1603 Graham Road, College Station, Texas [Edificio de Conferencias y Capacitación de la Empresa Eléctrica de College Station] Memorial Student Center – Room L504, Texas A&M University, Joe Routt Blvd., College Station, Texas [Centro Conmemorativo Estudiantil, (MSC, por sus siglas en el idioma inglés, Salón L504, Universidad de Texas A&M] Fechas y Horarios: Del 13 al 17 de octubre 8:00 am – 5:00 pm (de martes a sábado) Del 19 al 23 de octubre 8:00 am – 5:00 pm (de lunes a viernes) El 24 de octubre 7:00 am – 7:00 pm (sábado) El 25 de octubre 10:00 am – 3:00 pm (domingo) Page 44 of 191 Del 26 al 30 de octubre 7:00 am – 7:00 pm (de lunes a viernes) SECCIÓN 6. Las Elecciones Tempranas por correo serán dirigidas de acuerdo con las provisiones aplicables del Código de Elecciones de Texas. La dirección siguiente: 300 East Wm. J. Bryan Pkwy, Suite 100, Bryan, Texas 77803, será la dirección de correo del oficial de elecciones tempranas a donde se podrán enviar las solicitudes y las boletas con votos emitidos por correo para la Ciudad. SECCIÓN 7. Todos los votos anticipados y otros votos se procesarán de acuerdo con los procedimientos de las votaciones tempranas conforme al Código de Elecciones de Texas y serán entregados a la Junta de Boleta de Votaciones Tempranas en la oficina del Administrador de Elecciones del Condado de Brazos. Los votos anticipados serán contados en la estación central de conteo. La Junta de Boleta de Votaciones Tempranas desempeñará su cargo de acuerdo con las provisiones aplicables del Código de Elecciones. SECCIÓN 8. Un Sistema Directo de Registro Electrónico (“DRE, por sus siglas en el idioma inglés”), como se define el término en el Código de Elecciones de Texas, será utilizado en conexión con estas elecciones. Este sistema será utilizado para todas las votaciones tempranas, así como también para todas las votaciones realizadas en los distritos el Día de las Elecciones. El Administrador de Elecciones del Condado de Brazos nombrará a un programador para preparar un programa para el equipo de tabulación automático. Se proporcionará suficiente equipo para votar en las votaciones tempranas, así como también en cada uno de los diferentes distritos electorales el Día de las Elecciones. La estación central de conteo se establecerá en el Brazos Center [Centro Brazos], 3232 Briarcrest Drive, Bryan, Texas. SECCIÓN 9. El Administrador de Elecciones del Condado de Brazos nombrará a la Junta de Boleta de Votaciones Tempranas, a un Juez que presida en la Estación Central de Conteo, a un Supervisor de Tabulación de la Estación Central de Conteo y a un Gerente de la Estación Central de Conteo SECCIÓN 10. Las elecciones se celebrarán de acuerdo con las provisiones de los Estatutos y Ordenanzas de la Ciudad de College Station y con las leyes del Estado de Texas. SECCIÓN 11. La Notificación de las Elecciones, incluyendo la respetiva traducción al idioma español, se publicará por lo menos una vez en un periódico publicado en College Station el día 28 de septiembre de 2020 o después de esa fecha; y el día 9 de octubre de 2020 o antes de esa fecha. Además, se colocará en el tablero de avisos de la Municipalidad el día 5 de octubre de 2020 o antes de esa fecha. SECCIÓN 12. Una orden de elecciones, requerida por el Código de Elecciones de Texas, será entregada el día 13 de octubre de 2020 o antes de esa fecha, por el Administrador de Elecciones del Condado de Brazos al juez que preside y a los jueces alternos de cada distrito electoral en el cual se dispone celebrar elecciones. SECCIÓN 13. Se harán las respectivas pruebas del equipo de tabulación automático y los resultados de dichas pruebas se entregarán y se harán saber de acuerdo con el Subcapítulo D del Capítulo 127 del Código de Elecciones de Texas. SECCIÓN 14. Si alguna parte de esta Ordenanza se considera inválida por una corte de jurisdicción competente, las provisiones restantes de esta Ordenanza permanecerán en plena vigencia y en efecto. Page 45 of 191 SECCIÓN 15. Que la ordenanza No. 2020-4199 adoptada en o alrededor del 23 de julio de 202 esta enmendada en la medida en que sea inconsistente con la presente. SECCIÓN 16. Que esta ordenanza entrará en efecto inmediatamente después de ser adoptada. APROBADA Y ADOPTADA por el Consejo de la Ciudad de College Station este 13 de agostoo de 2020. CIUDAD DE COLLEGE STATION: Karl Mooney, Alcalde DOY FE: Tanya Smith, Secretaria de la Ciudad APROBADA EN CUANTO A FORMA: Abogado de la Ciudad Page 46 of 191 August 13, 2020 Item No. 3.3. FM 2347 Landscape Agreement Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a landscape maintenance agreement with the Texas Department of Transportation for the maintenance of landscape along FM 2347 (George Bush Drive). Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approving. Summary: TXDOT will be installing raised medians along FM 2347 (George Bush Drive) from Rosemary Lane to Timber Street. Planter boxes will be installed within the medians along with landscaping improvements including trees, shrubs, turf plantings, irrigation systems, and other aesthetic elements. By entering into this agreement, the City agrees to maintain all landscape elements within the right of way, including but not limited to plant maintenance and replacement, mowing and trimming, hardscape element maintenance, and irrigation system operation and maintenance. Budget & Financial Summary: n/a Reviewed & Approved by Legal: No Attachments: 1.FM 2347 LMA - Form 2043 Page 47 of 191 THE STATE OF TEXAS THE COUNTY OF TRAVIS This AGREEMENT made this 12th day of May, 2020, by and between the Texas Department of Transportation, hereinafter referred to as the "State," and the City of College Station, Brazos County, Texas, acting by and through its duly authorized officers, hereinafter called the "City". WITNESSETH WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter into agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter into agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the State and the City have entered into a Municipal Maintenance Agreement dated May 18, 2009, the provisions of which are incorporated herein by reference, and wherein the City has agreed to retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the department; and WHEREAS, the State has existing and proposed landscape improvements, such as, but not limited to, the installation of tree, shrub, and turf plantings, irrigation systems, and other aesthetic elements for areas within the right of way of state highway routes within the City as shown on Attachment “A”; and WHEREAS, the State will provide such landscape improvements, provided that the City agrees to be responsible for all required maintenance of the landscape improvements. LANDSCAPE MAINTENANCE AGREEMENT Form 2043 (Rev. 10/18) Page 1 of 3 Page 48 of 191 Form 2043 (Rev. 10/18) Page 2 of 3   AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: Contract Period This Agreement becomes effective upon the date of final execution by the State, and shall remain in effect until terminated or modified as hereinafter provided. Coverage This agreement prescribes the responsibilities of the State and the City relating to the maintenance of the raised median project which is located on FM 2347 non- controlled access state highway, as defined in the Municipal Maintenance Agreement. The maintenance is further described in Attachment A, the location map for this project, and limited to the portions along FM 2347 from Rosemary Lane to Timber Street. Amendment The parties agree that this agreement may be amended. Such amendments, to be effective, must be in writing and signed by both parties. State's Responsibilities The State shall install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its employees or duly appointed agents. City's Responsibilities The City may install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its employees or duly appointed agents. Any installations shall be performed in accordance with Texas Department of Transportation specifications and standards, and must be approved by the State in writing prior to any work being performed. Page 49 of 191 Form 2043 (Rev. 10/18) Page 3 of 3   The City shall maintain all landscape elements within the limits of the right of way including all median and island areas but excluding paved areas intended for vehicular travel. Landscape maintenance shall include but not be limited to plant maintenance, plant replacement, mowing and trimming, hardscape element maintenance, and irrigation system operation and maintenance. The City will be responsible for all utility costs associated with maintaining landscape elements. All landscape elements must be maintained in a functional and aesthetically pleasing condition. TERMINATION It is understood and agreed between the parties hereto that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Additionally, this agreement may be terminated by mutual agreement and consent of both parties. Should the City terminate this agreement, as prescribed here above, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of College Station on the day of , year , and the Texas Department of Transportation, on the day of , year . ATTEST: THE STATE OF TEXAS CITY OF COLLEGE STATION By (Title of Signing Official) Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, and the established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By District Engineer Bryan District Attachments District Contact/Help Page 50 of 191 Page 51 of 191 August 13, 2020 Item No. 3.4. FM 2818 Landscape Agreement Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a landscape maintenance agreement with the Texas Department of Transportation for the maintenance of landscape along FM 2818. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approving. Summary: As part of the FM 2818 widening project, TXDOT will be installing landscaping improvements from FM 60 to FM 2154. These improvements will include trees, shrubs, turf plantings, irrigation systems, and other aesthetic elements. By entering into this agreement, the City agrees to maintain all landscape elements within the right of way, including but not limited to plant maintenance and replacement, mowing and trimming, hardscape element maintenance, and irrigation system operation and maintenance. Budget & Financial Summary: n/a Reviewed & Approved by Legal: No Attachments: 1.20300642 rev. FM 2818 LMA - Form 2043 Page 52 of 191 THE STATE OF TEXAS THE COUNTY OF TRAVIS This AGREEMENT made this 12th day of June, 2020, by and between the Texas Department of Transportation, hereinafter referred to as the "State," and the City of College Station, Brazos County, Texas, acting by and through its duly authorized officers, hereinafter called the "City". WITNESSETH WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter into agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter into agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the State and the City have entered into a Municipal Maintenance Agreement dated May 18, 2009, the provisions of which are incorporated herein by reference, and wherein the City has agreed to retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the department; and WHEREAS, the State has existing and proposed landscape improvements, such as, but not limited to, the installation of tree, shrub, and turf plantings, irrigation systems, and other aesthetic elements for areas within the right of way of state highway routes within the City as shown on Attachment “A”; and WHEREAS, the State will provide such landscape improvements, provided that the City agrees to be responsible for all required maintenance of the landscape improvements. LANDSCAPE MAINTENANCE AGREEMENT Form 2043 (Rev. 10/18) Page 1 of 3 Page 53 of 191 Form 2043 (Rev. 10/18) Page 2 of 3 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: Contract Period This Agreement becomes effective upon the date of final execution by the State, and shall remain in effect until terminated or modified as hereinafter provided. Coverage This agreement prescribes the responsibilities of the State and the City relating to the maintenance of the widening project which is located on FM 2818 non- controlled access state highway, as defined in the Municipal Maintenance Agreement. The maintenance is further described in Attachment A, the location map for this project, and limited to the portions along FM 2818 from 0.5 Miles North of FM 60 to FM 2154. Amendment The parties agree that this agreement may be amended. Such amendments, to be effective, must be in writing and signed by both parties. State's Responsibilities The State shall install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its employees or duly appointed agents. City's Responsibilities The City may install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its employees or duly appointed agents. Any installations shall be performed in accordance with Texas Department of Transportation specifications and standards, and must be approved by the State in writing prior to any work being performed. Page 54 of 191 Form 2043 (Rev. 10/18) Page 3 of 3 The City shall maintain all landscape elements within the limits of the right of way including all median and island areas but excluding paved areas intended for vehicular travel. Landscape maintenance shall include but not be limited to plant maintenance, plant replacement, mowing and trimming, hardscape element maintenance, and irrigation system operation and maintenance. The City will be responsible for all utility costs associated with maintaining landscape elements. All landscape elements must be maintained in a functional and aesthetically pleasing condition. TERMINATION It is understood and agreed between the parties hereto that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Additionally, this agreement may be terminated by mutual agreement and consent of both parties. Should the City terminate this agreement, as prescribed here above, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of College Station on the day of , year , and the Texas Department of Transportation, on the day of , year . ATTEST: THE STATE OF TEXAS CITY OF COLLEGE STATION By (Title of Signing Official) Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, and the established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By District Engineer Bryan District Attachments District Contact/Help Page 55 of 191 CITY LIMIT RR of Transportation Texas Department REVISION DATE 7/22/2020 PRINT DATE SHEET NO. HIGHWAY NUMBER JOBSECTIONCONTROL COUNTYDISTRICTSTATE DIV. NO. FED. RD. PROJECT NUMBER 2399 BRAZOSTEXAS 6 Bryan District FILENAME:c:\txdot\pw_online\txdot4\jannkeong.kam\d0415860\RDLY01_LAYOUT_MAP.dgnCSJ:c 2020 REV DATE: 2-12-2015---FM 2818 BRY 01 074, ETC.2399-01-074,ETC.0'842 SCALE IN MILES 2038 ATCHISON, TOPEKA AND SANTA FE RAILWAY 159 60 60 30 30 158 1687 105 6 6 159 2154B RAZOSRI VERAIRPORT EASTERWOOD UNI ON P ACI FI C R A ILRO A D NAVASOTA RI VER2818 2347 1179 B6 R 6 308168847 2818 RAILROADUNION PACIFIC 21UNION PACI FI C 50 OSR 1179 2038 2038 21 2776 974 2223 2818 6 UNI ON P ACIFI C 974 OSR BRAZOS COUNTY MADISON COUNTY ROBERTSON COUNTY BURLESON COUNTY WASHINGTON COUNTY GRIMES COUNTY STATION COLLEGE N.T.S INSET A 2818 2347 60 2154 2818 LUTHER ST HOLLEMAN DRGEORGE BUSH DR UNIVERSITY DRIVE FM 2818 STA 219+00.00 CSJ: 2399-01-074 BEGIN PROJECT UNI ON P ACI FI C R AI L R OADAIRPORT EASTERWOOD UNIVERSITY TEXAS A&M INSET A JONES BUTLER FM 2818 STA 250+55.80 BEGIN CSJ: 2399-01-068 FM 2818 STA 388+75.00 END CSJ: 2399-01-068 END CSJ: 2399-01-074 END PROJECT ARE BASED ON THE STATIONS, NOT THE MILE POINTS. CONSTRUCTION LENGTH. THE PROJECT QUANTITIES PROJECT LIMIT STATIONS SHOWN REPRESENT THE PROJECT TITLE SHEET ARE FOR REFERENCE PURPOSES ONLY. THE REFERENCE MARKERS AND MILE POINTS SHOWN ON THE NOTE: SHEET 1 OF 6 (MAP) ATTACHMENT "A" Page 56 of 191 215+00 220+00 225+00 PC 226+53.64PT 229+80.28230+00 PC 231+16.37235+00 80+00240+00 245+00 2 5 0 + 0 0 2 5 5 + 0 0 2 6 0+ 0 0 RR of Transportation Texas Department REVISION DATE 7/22/2020 PRINT DATE SHEET NO. HIGHWAY NUMBER JOBSECTIONCONTROL COUNTYDISTRICTSTATE DIV. NO. FED. RD. PROJECT NUMBER 2399 BRAZOSTEXAS 6 Bryan District FILENAME:c:\txdot\pw_online\txdot4\jannkeong.kam\d0415860\RDLY01_LAYOUT_01.dgnCSJ:c 2020 REV DATE: 2-12-2015---FM 2818 BRY 01 074, ETC.2399-01-074,ETC.LEGEND MAINTENANCE AGREEMENT LIMITS OF LANDSCAPE EXIST ROWEXIST ROW EXIST ROW [ FM 2818 EXIST ROW MATCHLINE STA 262+00EXIST ROW EXIST ROW EXI S T ROWEXI ST ROWEXIST ROW EX IS T ROW [ FM 2818 [ FM 60 MATCHLINE STA 238+00MATCHLINE STA 238+00BEGIN TO STA 262+00 PROJECT LAYOUT NBFR SBFR NB FR SB FRFM 60[ FM 60 STA 80+02.58 [ FM 2818 STA 250+55.80= END CSJ: 2399-01-068 SHEET 2 OF 6 0'200'100'50' ATTACHMENT "A" (BEGIN TO STA 262+00) FM 2818 STA 219+00.00 BEGIN CSJ: 2399-01-074 BEGIN PROJECT ACCOMMODATION. IT IS A UTILITY MAINTENANCE AGREEMENT. UNDER LANDSCAPE ELEMENT OR FEATURE IS NOT A HARDSCAPE SIDEWALK WALL IT IS A SAFETY FEATURE. MAINTENANCE AGREEMENT. UNDER LANDSCAPE ELEMENT OR FEATURE IS NOT A HARDSCAPE RAIL TYPE T221(MOD) IT IS A SAFETY FEATURE. MAINTENANCE AGREEMENT. UNDER LANDSCAPE ELEMENT OR FEATURE IS NOT A HARDSCAPE RAIL TYPE SSTR(MOD) Page 57 of 191 Page 58 of 191 1290+00 1295+00 1300+00 1305+00 1310+00 2290+00 2295+00 2300+00 2305+00 2310+00 5+00 10+0015+0020+0025+00295+00 300+00 310+00305+00290+00 35+00 40+00 45+0050+00RR of Transportation Texas Department REVISION DATE 7/22/2020 PRINT DATE SHEET NO. HIGHWAY NUMBER JOBSECTIONCONTROL COUNTYDISTRICTSTATE DIV. NO. FED. RD. PROJECT NUMBER 2399 BRAZOSTEXAS 6 Bryan District FILENAME:c:\txdot\pw_online\txdot4\jannkeong.kam\d0415860\RDLY01_LAYOUT_03.dgnCSJ:c 2020 REV DATE: 2-12-2015---FM 2818 BRY 01 074, ETC.2399-01-074,ETC.LEGEND MAINTENANCE AGREEMENT LIMITS OF LANDSCAPE MATCHLINE STA 286+00MATCHLINE STA 310+00EXIST ROW EXIST ROWEXIST ROWEXIST ROWEXIST ROW EXIST ROW EXIST ROWEXIST ROW [ FM 2818 | FM 2347 STA 6+40.00 | FM 2347 BEGIN CONSTRUCTION STA 25+50.00 | FM 2347 END CONSTRUCTION FM 2347 NBFR SBFR | SBFR | NBFR STA 15+03.57 | FM 2347 STA 299+49.18= [ FM 2818FM 2347PT 12+97.45P R OP R OW5+00 PC 6+41.3810+00PT 12+97.4515+00PC 17+10.5020+00PT 23+82.2725+000'200'100'50' SHEET 4 OF 6 STA 18+00.00 ATTACHMENT "A" (STA 286+00 TO STA 310+00) IT IS A SAFETY FEATURE. MAINTENANCE AGREEMENT. UNDER LANDSCAPE ELEMENT OR FEATURE IS NOT A HARDSCAPE RAIL TYPE SSTR(MOD) Page 59 of 191 1310+00 1315+00 1320+00 1325+00 1330+00 2310+00 2315+00 2320+00 2325+00 2330+00 10+0015+0020+00310+00 315+00 320+00 325+00 330+00 1335+001340+00 1345+00 1350+00 1355+00 2335+002340+00 2345+00 2350+00 2355+00335+00340+00 345+00 350+00 355+00 RR of Transportation Texas Department REVISION DATE 7/22/2020 PRINT DATE SHEET NO. HIGHWAY NUMBER JOBSECTIONCONTROL COUNTYDISTRICTSTATE DIV. NO. FED. RD. PROJECT NUMBER 2399 BRAZOSTEXAS 6 Bryan District FILENAME:c:\txdot\pw_online\txdot4\jannkeong.kam\d0415860\RDLY01_LAYOUT_04.dgnCSJ:c 2020 REV DATE: 2-12-2015---FM 2818 BRY 01 074, ETC.2399-01-074,ETC.LEGEND MAINTENANCE AGREEMENT LIMITS OF LANDSCAPE MATCHLINE STA 310+00MATCHLINE STA 332+00MATCHLINE STA 332+00MATCHLINE STA 356+00EXIST ROW EXIST ROW EXIST ROWEXIST ROW EXIST ROW EXIST ROW EXIST ROWEXIST ROW [ FM 2818 [ FM 2818 NBFR SBFR SBFR NBFR | NBFR | SBFR | NBFR | SBFR STA 15+00.00 | LUTHER ST STA 322+25.64= [ FM 2818 STA 18+48.00 | LUTHER ST END CONSTRUCTION STA 11+20.00 | LUTHER ST BEGIN CONSTRUCTION | LUTHER ST DRAINAGE EASEMENT EASEMENT DRAINAGE TAMU PRIVATE DRLUTHER STSTA 313+90.44 [ FM 2818 BEGIN BRIDGE STA 314+11.94 [ FM 2818 END BRIDGE 0'200'100'50' SHEET 5 OF 6 ATTACHMENT "A" (STA 310+00 TO STA 356+00) IT IS A SAFETY FEATURE. MAINTENANCE AGREEMENT. UNDER LANDSCAPE ELEMENT OR FEATURE IS NOT A HARDSCAPE RAIL TYPE SSTR(MOD) Page 60 of 191 1360+00 1365+00 1370+00 1375+00 PC 3373+50.00PT 3375+60.07POT 4372+50.00PC 4378+67.212360+00 2365+00 2370+00 2375+00 2380+00 25+0030+0020+0015+0020+00360+00 365+00 370+00 375+00 380+0040+0045+00 50+00 5 5 +0 0 1380+00 1385+00 1390+00 POT 3380+50.00PT 4379+73.90POT 4382+36.212385+00 2390+00380+00 385+00 390+00 POT 391+00.00RR of Transportation Texas Department REVISION DATE 7/22/2020 PRINT DATE SHEET NO. HIGHWAY NUMBER JOBSECTIONCONTROL COUNTYDISTRICTSTATE DIV. NO. FED. RD. PROJECT NUMBER 2399 BRAZOSTEXAS 6 Bryan District FILENAME:c:\txdot\pw_online\txdot4\jannkeong.kam\d0415860\RDLY01_LAYOUT_05.dgnCSJ:c 2020 REV DATE: 2-12-2015---FM 2818 BRY 01 074, ETC.2399-01-074,ETC.LEGEND MAINTENANCE AGREEMENT LIMITS OF LANDSCAPE MATCHLINE STA 356+00MATCHLINE STA 380+00EXIST ROW EXIST ROW EXIST ROWEXIST ROW EXIST ROWEXIST ROW[ FM 2818EXIST ROWEXIST ROWMATCHLINE STA 380+00EXIST ROW EXIST ROW E XIST R O W[ FM 2818EXIST ROW| NBFR | SBFR 2 | NBFR 2 | SBFR | NBFR | SBFR | NBFR 230+00STA 25+01.00 | HOLLEMAN DR STA 357+20.16= [ FM 2818 STA 20+50.00 | HOLLEMAN DR BEGIN CONSTRUCTION STA 29+90.00 | HOLLEMAN DR END CONSTRUCTION | JONES BUTLER | HOLLEMAN DR STA 19+67.00 | JONES BUTLER STA 373+52.84= [ FM 2818 STA 22+00.00 | JONES BUTLER END CONSTRUCTION STA 17+91.01 | JONES BUTLER BEGIN CONSTRUCTION | SBFR 2 SBFR NBFR FM 2818 J ONES BUTLER DRHOLLEMAN DRHOLLEMAN DRFM 2818 P ROP ROWPROP ROW PROP ROW STA 372+98.62 [ FM 2818 BEGIN BRIDGE STA 374+06.62 [ FM 2818 END BRIDGE 0'200'100'50' SHEET 6 OF 6 FM 2818 STA 388+75.00 END CSJ: 2399-01-068 END CSJ: 2399-01-074 END PROJECT ATTACHMENT "A" (STA 356+00 TO END) IT IS A SAFETY FEATURE. MAINTENANCE AGREEMENT. UNDER LANDSCAPE ELEMENT OR FEATURE IS NOT A HARDSCAPE RAIL TYPE SSTR(MOD) IT IS A BRIDGE FEATURE. MAINTENANCE AGREEMENT. UNDER LANDSCAPE ELEMENT OR FEATURE IS NOT A HARDSCAPE RAIL TYPE SSTR(MOD) Page 61 of 191 August 13, 2020 Item No. 3.5. Presentation, discussion, and possible action on interlocal agreement with College Station ISD for standby ambulance service Sponsor:Richard Mann Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an interlocal agreement with College Station ISD for standby ambulance service. Relationship to Strategic Goals: Core Services and Infrastructure Good Governance Recommendation(s): Staff recommends approval of this interlocal agreement. Summary: Interlocal agreement between City of College Station and College Station Independent School District for the City to provide standby ambulance services for athletic events at CSISD facilities. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.CS CSISD Ambulance ILA 7-7-20 Page 62 of 191 Standby Ambulance ILA Contract No. Page 1 of 4 CITY OF COLLEGE STATION AND COLLEGE STATION ISD INTERLOCAL AGREEMENT FOR STANDBY AMBULANCE SERVICE THIS INTERLOCAL AGREEMENT (“Agreement”) is hereby made and entered into by and between the CITY OF COLLEGE STATION a Texas Home Rule Municipal Corporation, (“City”), and the COLLEGE STATION INDEPENDENT SCHOOL DISTRICT, a Texas Local Government (“CSISD”) each acting by and through its duly authorized agents (“Parties”). WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to provide a governmental function or service that each party to the contract is authorized to perform individually and in which the contracting parties are mutually interested; and WHEREAS, the Parties have sufficient funds available from current revenues to perform the functions contemplated by this Agreement; and WHEREAS, the College Station Fire Department is a City of College Station department providing fire, rescue and emergency medical services to the community; and WHEREAS, it is in the best interest of the Parties, citizens, and CSISD students for the City to provide emergency medical services according to this Agreement; NOW, THEREFORE IN CONSIDERATION of the recitals and mutual covenants made herein by the City and CSISD to be respectively kept and performed, the Parties hereby mutually agree as follows: ARTICLE I - MISSION AND PURPOSE 1.1 This Agreement’s mission and purpose is for the City to provide a standby ambulance for emergency medical services to CSISD students, staff and visitors at UIL athletic events at CSISD facilities. ARTICLE II - TERM AND TERMINATION 2.1 Term. The initial Agreement term is for one (1) year beginning August 1, 2020 and continuing through July 31, 2020. The parties have the option to renew this Agreement in writing for two (2) additional one (1)-year terms for a total of three (3) years. 2.2 Termination. The Parties may terminate this Agreement by providing sixty (60) days written notice. In the event of termination the City will be paid for all services performed through the date the services were last provided. ARTICLE III – CITY’S RESPONSIBILITIES Page 63 of 191 Standby Ambulance ILA Contract No. Page 2 of 4 3.1 The City shall assign one ambulance staffed with at least two (2) emergency medical services personnel at: a. All CSISD home football games b. All CSISD playoff games held at CSISD facilities c. All visiting games held at CSISD facilities d. Any other CSISD activities as agreed upon in writing by CSISD and the City. 3.2 The City in its sole discretion may not provide a standby ambulance if there is an emergency requiring the City to respond or an event or situation the City requires the personnel or the ambulance to respond to calls for service. ARTICLE IV - CHARGES FOR SERVICES 4.1 Hourly Fee. The City’s hourly fee is $100 per hour for emergency medical services. The City’s hourly fee begins when the ambulance leaves the station and ends when the ambulance returns to the station. Charges are estimated at no less than $500 per game or activity. 4.2 Invoices. The City will invoice CSISD monthly for all charges for the preceding month. CSISD will pay the City’s invoice within thirty (30) days of receipt. 4.3 Charges for Medical Care. The City will send a bill to any person receiving emergency medical service arising out of this Agreement. ARTICLE V – GENERAL TERMS 5.1 Interlocal Cooperation Act. Each Party to this Agreement is a local government as defined in the Interlocal Cooperation Act. Nothing in this Agreement will be construed as a waiver or relinquishment by either Party of its right to claim such exemptions, privileges, and immunities as may be provided by the Constitution and the Laws of the State of Texas. No separate legal entity is created by this Agreement. 5.2 Amendment. The terms and conditions of this Agreement may be amended upon mutual consent of all Parties. Mutual consent will be demonstrated by approval of each governing body of each Party hereto. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing, duly approved, and signed by the authorized representatives of both Parties. 5.3 Hold Harmless. To the extent permitted by the Constitution and the laws of the State of Texas, and subject to the limitations as to liability and damages in the Texas Tort Claims Act, and without waiving its governmental immunity, each party agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused or asserted to have been caused directly or indirectly by any other party to this Agreement or any of its officers, agents, employees or volunteers, or as the result of its performance under this Agreement. Each Party remains solely responsible for any legal defense and any civil liability due to the acts or omissions of Page 64 of 191 Standby Ambulance ILA Contract No. Page 3 of 4 their employees. Notwithstanding any other terms in this Agreement, nothing is construed as a waiver of any legal defense or remedy of any nature to any claim against a Party. 5.4 Notices. Any official notices by one Party to another must be in writing and sent by certified mail return receipt requested, and properly addressed to the respective Parties as stated below. Any other day-to-day communication by the Parties’ staff may be by any other means of sufficient communication. COLLEGE STATION City Manager PO Box 9960 1101 Texas Avenue College Station, TX 77842 Tel:(979) 764-2510 Fax:(979) 764-6377 CSISD: Superintendent 1812 Welsh Street College Station, TX 77840 Tel: (979) 764-5455 Fax:(979) 764-5492 5.5 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this agreement exist. This Agreement cannot be amended or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any Party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 5.6 Texas Law. This agreement has been made under and shall be governed by the laws of the State of Texas. 5.7 Venue. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 5.8 Savings Clause. If one or more provisions or terms contained in this Agreement shall, for any reason, be held invalid, illegal, or otherwise unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision or term hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or term had never been contained herein. 5.9 Assignment. This agreement and the rights and obligations contained herein may not be assigned by any Party without prior written approval of the other Party to this agreement. 5.10 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 5.11 Effective Date. This Agreement is effective when signed by the last party signing, thereby making the Agreement fully executed. Page 65 of 191 Standby Ambulance ILA Contract No. Page 4 of 4 COLLEGE STATION INDEPENDENT CITY OF COLLEGE STATION SCHOOL DISTRICT By: By: Superintendent Mayor Date: ________________ Date: ________________ ATTEST: City Secretary Date: ________________ APPROVED: City Manager Date: _____________ City Attorney Date: _____________ Page 66 of 191 August 13, 2020 Item No. 3.6. Installation of a VFD at Dowling Road Pump Station Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action concerning award of Construction Contract with CF McDonald Electric, Inc. in the amount of $139,496 to install previously purchased VFD at Dowling Road Pump Station. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of this contract. Summary: Variable Frequency Drives (VFD) control large electric motors by allowing them to start slowly and operate at a variety of speeds, which enables the motors to run more efficiently, last longer, and gives water operators additional flexibility to adjust the amount of water being pumped by each motor. The Water Services Department has previously purchased a 500 HP VFD from The Reynolds Company to control the motor of high service pump at Dowling Road Pump Station for $100,000.00. This construction contract would remove a failed VFD and install this VFD in its place at Dowling Road Pump Station. Scope includes electrical connection and control wiring associated with the installation at a cost of $39,496.00. This contract would provide bonding for the installation cost as well as the original $100,000.00 cost of the VFD for a total coverage of $139,496.00. Similarly, once installed, the total cost of the VFD including installation will be $139,496.00. The bid resulted in four returned bids with CF McDonald being determined to be the lowest responsible bidder. Staff recommends award of this construction contract for this installation. Budget & Financial Summary: Funds for this project are available in the Water Capital Improvement project WF 1680680, Water Production VFD Replacement. The contract includes the cost of the City’s previously purchased Variable Frequency Drive (VFD) at $100,000 to ensure the Contractor’s bonding amount covers the cost of the equipment. Reviewed & Approved by Legal: No Attachments: 1.Bid Tabulation 2.Contract on file in the City Secretary's Office Page 67 of 191 City of College Station - Purchasing DivisionBid Tabulation for #20-055"Removal and Installation of One (1) VFDs at Dowling Pump Station"Open Date: Tuesday, July 7, 2020 @ 2:00 p.m.ITEMQTYUNITDESCRIPTIONUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICECATEGORY11LSMove‐in and start‐up, including performance and payment bonds for 100 percent (100%) of the contract amount and all necessary permits and insurance requirements.$12,000.00 $12,000.00 $2,729.00 $2,729.00 $5,000.00 $5,000.00 $8,500.00 $8,500.0021LSCity Furnished One (1) 500 HP VFDs at $100,000 ea The Contractor must add the value of these materials to bid and furnish bonding to cover the total amount of Project.$100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.0031LSDemolish and remove the existing Transfer Pump No. 1 VFD, complete as specified and as shown in the Drawings.$5,000.00 $5,000.00 $8,595.00 $8,595.00 $10,000.00 $10,000.00 $10,000.00 $10,000.0041LSInstall proposed Transfer Pump No. 1 VFD, extend conduits, and re‐install conductors, complete as specified.$30,205.00 $30,205.00 $51,942.00 $51,942.00 $24,469.00 $24,469.00 $21,500.00 $21,500.00Bid CertificationBid BondAddenda AcknowledgedYYTotal Base BidYTeal Services LLC Anderson, TXBayer Construction Electrical Contractors, Inc. Bryan , TXYYBritt Rice Electric, LP College Station, TXC.F. McDonald Electric Inc. Houston, TX$147,205.00$163,266.00$139,469.00$140,000.00YNOTES:YYYYYYPage 1 of 1Page 68 of 191 Contract on file in the City Secretary’s Office Page 69 of 191 August 13, 2020 Item No. 3.7. Approval of 2020 - 2024 Consolidated Plan as proposed by Community Development. Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding adoption of a resolution approving the 2020 - 2024 Consolidated Plan as proposed by Community Development. Relationship to Strategic Goals: Financial Sustainability, Core Services and Infrastructure, Neighborhood Integrity Recommendation(s): Staff recommends approval of the 2020 - 2024 Consolidated Plan as proposed by Community Development. Summary: Community development programming for the City of College Station is currently directed by the 2015 - 2020 Consolidated Plan, which will expire on September 30, 2020. The U. S. Department of Housing and Urban Development requires each grantee develop a Consolidated Plan that includes a community needs assessment, housing market analysis, housing conditions analysis, and specific goals and objectives to establish a unified vision for actions that will be carried out for the next five years. Staff presented a summary of the proposed plan at the July 9th City Council Meeting. As required, the plan must go through a 30-day public comment period, which ran from July 1st - July 30th. No comments were received, and no citizens attend the virtual public hearing on July 14th. A copy of the proposed 2020 - 2024 Consolidated Plan can be viewed at the City Secretary's office. Budget & Financial Summary: The Community Development budget will be adopted through the individual Annual Action Plans over 2020 - 2024 plan period. Reviewed & Approved by Legal: No Attachments: 1.Attachment 1- FY 2021 Plan Development Process Summary 2.Attachment 2 - 2020-2024 Community Development Goals 3.Attachment 3 - Resolution Approving 2020 - 2024 Consolidated Plan Page 70 of 191 Attachment 1: Consolidated Plan and Budget Development Process Summary, FY 2021 Event Date Consolidated Plan Presentation to Community Partnership Board Jan. 09, 2020 Agency Consultations Jan. & Feb Community Needs Survey Feb. & Mar. Health & Human Services Focus Group Feb. 10, 2020 Pre-proposal workshop for agencies Feb. 11, 2020 Economic Development Focus Group Feb. 21, 2020 Housing Focus Group Mar. 04, 2020 Public hearing on Consolidated Plan and Budget (Lincoln Center) Mar. 05, 2020 JRFRC proposals due Mar. 16, 2020 JRFRC Meetings through Zoom Apr. 02, 2020 Apr. 09, 2020 Apr. 16, 2020 Apr. 23, 2020 Apr. 30, 2020 May 07, 2020 30-Day Public Comment Period begins July 01, 2020 First presentation of Consolidated Plan and Budget to City Council July 09, 2020 Page 71 of 191 Public hearing regarding Proposed Consolidated Plan, Annual Action Plan, and July 14, 2020 Community Development Budget at the Lincoln Recreation Center and/or by Zoom 30-Day Public Comment Period ends July 31, 2020 Request council approval by consent agenda of 2020 – 2024 Consolidated Aug. 13, 2020 Plan, PY2020 (FY2021) Annual Action Plan, and FY2021 Community Development Budget Due to HUD no later than Aug. 16, 2020 Page 72 of 191 Attachment 2: PY 2020-2024 Community Development Goals Goals Summary Information Sort Ord er Goal Name Star t Yea r End Yea r Category Geograp hic Area Needs Addressed Funding Goal Outcome Indicator 1 Rental Housing - Rehabilitation 202 0 202 4 Affordable Housing City- wide Rental Housing Special Needs CDBG: $1,000,000 HOME: $575,000 Rental units Acquired and Rehabilitated: 20 Household Housing Unit 2 Rental Housing - Construction 202 0 202 4 Affordable Housing City- wide Rental Housing Special Needs HOME: $500,000 Rental units constructed: 10 Household Housing Unit 3 Owner Housing - Rehabilitation/Reconstructio n 202 0 202 4 Affordable Housing City- wide Owner- Occupied Housing CDBG: $500,000 HOME: $250,000 Homeowner Housing Rehabilitated: 15 Household Housing Unit 4 Owner Housing - Demolition 202 0 202 4 Affordable Housing Non-Housing Community Development City- wide Owner- Occupied Housing Public Facilities & Infrastructure CDBG: $125,000 Buildings Demolished: 4 Buildings 5 Homeownership - Down Payment Assistance 202 0 202 4 Affordable Housing City- wide Homeownershi p HOME: $1,000,000 Direct Financial Assistance to Homebuyers: 25 Households Assisted 6 Homeownership - Financial Literacy 202 0 202 4 Affordable Housing City- wide Homeownershi p Other: 375 Other Page 73 of 191 Sort Ord er Goal Name Star t Yea r End Yea r Category Geograp hic Area Needs Addressed Funding Goal Outcome Indicator 7 Homeownership - Construction 202 0 202 4 Affordable Housing City- wide Owner- Occupied Housing Homeownershi p CDBG: $500,000 Homeowner Housing Added: 4 Household Housing Unit 8 Homelessness - TBRA Security Deposits 202 0 202 4 Homeless City- wide Rental Housing Homelessness Special Needs HOME: $175,000 Tenant-based rental assistance / Rapid Rehousing: 375 Households Assisted 9 Homelessness - Outreach and Assessment 202 0 202 4 Homeless Non-Homeless Special Needs Non-Housing Community Development City- wide Homelessness Special Needs Public Services CDBG: $50,000 Other: 20 Other 10 Homelessness - Services 202 0 202 4 Homeless City- wide Homelessness Public Services CDBG: $100,000 Public service activities other than Low/Moderate Income Housing Benefit: 1200 Persons Assisted 11 Special Needs - Services 202 0 202 4 Non-Homeless Special Needs City- wide Special Needs Public Services CDBG: $100,000 Public service activities other than Low/Moderate Income Housing Benefit: 1100 Persons Assisted 12 Public Services 202 0 202 4 Non-Housing Community Development City- wide Public Services CDBG: $625,000 Public service activities other than Low/Moderate Income Housing Benefit: 10,000 Persons Assisted Page 74 of 191 Sort Ord er Goal Name Star t Yea r End Yea r Category Geograp hic Area Needs Addressed Funding Goal Outcome Indicator 13 Public Facilities 202 0 202 4 Non-Housing Community Development City- wide Public Facilities & Infrastructure CDBG: $1,500,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 10,000 Persons Assisted 14 Economic Development – Business & Job Development 202 0 202 4 Non-Housing Community Development City- wide Economic Development CDBG: $500,000 Jobs created/retained: 25 Jobs 15 Disaster Response 202 0 202 4 Rental Housing Special Needs Public Services Economic Development Program Administration and Compliance Homelessness City-wide Homelessness Special Needs Public Services $500,000 Public service activities other than Low/Moderate Income Housing Benefit: 600 Persons Assisted Goal Descriptions Goal Name Rental Housing - Rehabilitation1 Goal Descriptio n Encourage and facilitate the rehabilitation of rental units. Page 75 of 191 Goal Name Rental Housing - Construction2 Goal Descriptio n Encourage and facilitate the construction of new affordable rental units through nonprofit or for-profit partners. Additional sources of funds include tax credits through the State of Texas and private funds. Goal Name Owner Housing - Rehabilitation/Reconstruction3 Goal Descriptio n Encourage and facilitate maintenance of residential units by low- and moderate-income homeowners through minor repair grants (CDBG) and residential rehabilitation or reconstruction loans (HOME). Goal Name Owner Housing - Demolition4 Goal Descriptio n Encourage and facilitate the removal of dilapidated residential structures and/or address community emergencies. Goal Name Homeownership - Down Payment Assistance5 Goal Descriptio n Encourage and support programs and projects that provide financial assistance to low- and moderate-income households purchasing existing or new affordable homes. Goal Name Homeownership - Financial Literacy6 Goal Descriptio n Encourage and support programs and projects that provide education and counseling to lower-income homeowners and prospective homebuyers. Page 76 of 191 Goal Name Homeownership - Construction7 Goal Descriptio n Encourage and support programs and projects that construct new housing units for low-and moderate-income homebuyers. Goal Name Homelessness - TBRA Security Deposits8 Goal Descriptio n Preventing homelessness through the provision of assistance for low-income households to secure and sustain safe, decent affordable housing. This is a coordinated effort among affordable housing providers and the City to provide security deposit assistance to eligible households. Goal Name Homelessness - Outreach and Assessment9 Goal Descriptio n Fostering coordination, collaboration, and increased resources to assess community needs, available services, and service gaps. This information may be used to target and improve service provision. Goal Name Homelessness - Services1 0 Goal Descriptio n Assist homeless persons in meeting health and human service needs; provide training and counseling opportunities to help with the transition to self-sufficiency. This goal will be met through public service provision. Goal Name Special Needs - Services1 1 Goal Descriptio n Encourage and facilitate organizations that provide social and/or housing services to special needs populations. Page 77 of 191 Goal Name Public Services1 2 Goal Descriptio n Encourage and support nonprofit providers of homeless/AIDS patient programs, senior services, services for persons with disabilities, legal services, youth services, transportation services, substance abuse services, services for victims of domestic violence, employment training, crime awareness, fair housing, tenant/landlord counseling, child care services, health services, abused and neglected children services, mental health services, screening for lead based paint/lead hazards, subsistence payments, homebuyer downpayment assistance, rental housing subsidies, security deposits, housing counseling, neighborhood clean-ups, food banks, housing information and referral, housing counseling to support homebuyer downpayment assistance, or other public services to deliver programs to low- and moderate-income families and individuals. Goal Name Public Facilities 1 3 Goal Descriptio n Rehabilitation and expansion of street infrastructure, sidewalks, other infrastructure, including water and sewer lines and flood drain improvements, or park facilities including green space, neighborhood parks, and recreation facilities in primarily low- to moderate-income areas. Goal Name Economic Development – Business & Job Development1 4 Goal Descriptio n Rehabilitate and/or develop new spaces for businesses to better realize job creation or support and expand community-wide training and employment activities targeting low-and moderate-income households. Goal Name Disaster Response1 5 Addressing the needs of families and individuals affected by the response or effect of a local, state, or federal disaster declaration, such as a pandemic or natural disaster. Page 78 of 191 RESOLUTION NO. ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A FIVE-YEAR CONSOLIDATED PLAN AND ESTABLISHING A COMMUNITY DEVELOPMENT PRORAM AS DESCRIBED IN CHAPTER 373 OF THE TEXAS LOCAL GOVERNMENT CODE. WHEREAS, the City Council of the City of College Station, Texas, desires to utilize federal Community Development Block Grant and HOME Investment Partnership Grant funds to: (1) improve the living and economic conditions of persons of low and moderate income; (2) benefit low or moderate income neighborhoods; (3) aid in the prevention or elimination of slum and blighted areas; and (4) meet other urgent community development needs; and WHEREAS, the City Council of the City of College Station, Texas, has: (1) identified areas of the City in which predominantly low and moderate income persons reside; (2) established areas in which community development activities are proposed; (3) prepared and adopted a plan under which citizens may publicly comment on the proposed community development activities; (4) conducted public hearings on the proposed activities; and (5) adopted the community development program by resolution; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the 2020-2024 Consolidated Plan and designates the City Manager or his designee the signature authority for all applicable and required documents, and; PART 2: That the City Council hereby approves the adoption of the above referenced Community Development Program as defined and described in Chapter 373 of the Texas Local Government Code, also known as the Texas Community Development Act of 1975, and; PART 3: That this Resolution shall take effect immediately from and after its passage. ADOPTED this 13th day of August, A.D. 2020. ATTEST:APPROVED: _______________________________________________________________ City Secretary Mayor APPROVED: _____________________________ City Attorney Page 79 of 191 August 13, 2020 Item No. 3.8. FY2021 (PY2020) Annual Action Plan and Community Development Budget Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding adoption of a resolution approving the FY2021 (PY2020) Annual Action Plan and Community Development Budget. Relationship to Strategic Goals: Financial Sustainability, Core Services and Infrastructure, Neighborhood Integrity Recommendation(s): Staff recommends approval of a resolution adopting the FY2021 (PY2020) Annual Action Plan and Community Development Budget. Summary: The 2020 - 2024 Consolidated Plan establishes a unified vision for actions that will be carried out for the five year period. The City is also required to submit a one-year Annual Action Plan to the U. S. Department of Housing and Urban Development describing the projects, activities, and budget to be funded with the Community Planning and Development grants received for the fiscal (program) year. The total grant funds available for FY2021 (PY2020) includes $1,672,182 of which $1,185,698 is PY2020 funding, in Community Development Block Grant (CDBG) funds and $667,512, of which $506,963 is PY2020 funding, in HOME Investment Partnership Program Grant (HOME) funds. CDBG and HOME funds may only be used to: (1) benefit low-and-moderate income persons; (2) aid in the elimination of slum and blighting influences; and/or (3) meet an urgent community need. Further, CDBG funds may be used to meet local needs through a wide range of community development activities, while HOME funds may only be used for affordable housing activities. The Consolidated Plan, Annual Action Plan, and budget must be delivered to HUD no later than August 16, 2020. Therefore, this information is presented prior to the Council consideration of the overall City Budget. Adoption of the Plan by resolution also establishes a Community Development Program as defined by the Texas Local Government Code and provides authority for the City Manager or designee to sign all required applications, certifications, evaluations, and other forms required by the U. S. Department of Housing and Urban Development for all Community Planning and Development Grant Programs for the Program Year 2020 on behalf of the City of College Station. Council received a summary presentation of this information at the July 9th City Council Meeting. The City is required to go through a 30-day public comment period to allow the public to review the proposed plan and budget and provide comments. Comments received are attached. Historically, the City has utilized these funds for a variety of programs and activities, including: affordable housing assistance programs (home buyer assistance, security deposit assistance, rehabilitation, new construction, and minor repairs); funding for direct services to low-income families Page 80 of 191 through non-profit programs; demolition; economic development; administration; and public facility activities including infrastructure improvements to parks and streets in areas within the city that are primarily low-to-moderate income areas of the city. A copy of the proposed plan is available in the City Secretary's Office for review. Budget & Financial Summary: See attached financial summaries for the proposed FY2021 Community Development Budget for CDBG and HOME funds. Reviewed & Approved by Legal: No Attachments: 1.Attachment 1 - FY 2021 Proposed Community Development Budget - Revised 2.Attachment 2 - FY 2021 CDBG Public Service Funding 3.Attachment 3 - 2020 Income Limits 4.Attachment 4 - Map of LMI Income Areas 2019 5.Attachment 5 - Community Development Project Descriptions 6.Attachment 6 - Resolution Approving the FY2021 (PY2020) Annual Action Pl... 7.Attachment 7 - Public Comments as of 7.21.2020 Page 81 of 191 Attachment 1: FY 2021 Proposed Community Development Budget PROJECT CDBG & HOME CARRY-OVER CDBG & HOME NEW ALLOCATIONS CDBG & HOME TOTAL PROPOSED Owner-Occupied Rehabilitation $43,322 $31,678 $75,000 Rehabilitation Administration $0 $45,000 $45,000 Demolition $10,000 $0 $10,000 Acquisition $111,126 $159,284 $270,410 Homebuyer Assistance $28,133 $319,874 $6,805**$354,812 CHDO $70,993 $76,044 $147,037 Tenant Based Rental Assistance – Deposits $8,200 $35,000 $43,200 Public Service Agency (See Attachment 3) $267,967 $592,850 $860,817 Public Facility $0 $0 $0 Economic Development Corrected $44,083 $119,746 $163,829 Grant Administration $46,418 $313,185 $359,603 Recaptured Funds/ Program Income CDBG HOME $0 $6,805** Total Community Development Budget $2,329,708 *Carry-over funds represent 4th quarter payments for FY 2020 - Partial CARES Funding **FY2020 payments from Reconstruction loan to be utilized for Homebuyer Assistance Page 82 of 191 Attachment 3: FY 2021 CDBG Public Service Funding Summary & Recommendations Agency Program Requeste d Recommend ed Funding Funded Items Client #’s /Cost per Client Fundin g City Brazos Maternal & Child Health Clinic, Inc. The Prenatal Clinic $35,000 $35,000 Medical Items & Testing Nurse Practitioner Salary 570 $61.40 CS Family Promise of Bryan-College Station Counseling and Case Management Program $35,000 $35,000 Case Manager Salary 150 $233.33 CS Big Brothers Big Sisters of the Brazos Valley Workplace Mentoring Program $32,867 $32,867 ¾ Staff Position Program Coordinator 48 $684.73 Bryan Brazos Valley Rehabilitation Center Counseling & Case Management $35,000 $35,000 Contracted Licensed Clinical Social Worker 220 $159.09 CS Mental Health Mental Retardation Authority of Brazos Valley Mary Lake Peer Support Center $35,000 $35,000 Therapist Tech Salary, Utilities, Cell Phone, Auto Maintenance $564.52 CS Twin City Mission, Inc. Case Manager/Client Assistance Program $35,000 $35,000 Case Manager, Client Assistance 700 $50.00 CS A Home Base for Transitioning Foster Youth dba Unlimited Potential, Inc. Salary for Youth Program Coordinator $35,000 $35,000 Salary 550 $54.55 Bryan Unity Partners dba Project Unity Safe Harbour Supervised Visitation $35,000 $0 Program transitioned to different agency 25 $1,400 Bryan CSPD Back to School Rally at the Lincoln Center $5,663.00 $5,663.00 Supplies for Rally CS Total $272,867 $243,530 Waiver for CARES Act allowed the budget to exceed the 15% Public Service Agency cap for the year. Page 83 of 191 Attachment 5: 2020 Median Income Limits 2020 MEDIAN INCOME LIMITS City of College Station Community Development This list supersedes all other lists of prior dates. Household 60% 80% 1 $27,600 $36,750 2 $31,500 $42,000 3 $35,460 $47,250 4 $39,360 $52,500 5 $42,540 $56,700 6 $45,660 $60,900 7 $48,840 $65,100 8 $51,960 $69,300 The left column (Household) refers to the number of people in the home. The two columns on the right refer to the maximum combined income allowed per year by HUD guidelines in order to qualify for a Community Development program at 60% and 80% of the Area Median Income (AMI). Source: https://www.hudexchange.info/incomecalculator/?utm_source=HUD+Exchange+Mailing+List&utm_campaign=cfd6a12ee3- FY_2020_CDBG_Hopwa_NS_Inc_Rent_Lim+_2020&utm_medium=email&utm_term=0_f32b935a5f-cfd6a12ee3-19266897 Page 84 of 191 0 1 20.5 Miles Legend LMISD 0-51% 51-100% City Lim it ¯City of College StationLow-Income Areas - 2019 Page 85 of 191 Attachment 8: Community Development Project Descriptions Owner-Occupied Housing Assistance HOME and CDBG funds will be used for housing rehabilitation, minor repairs, weatherization, home security, and reconstruction for low-moderate income homeowners; the removal of architectural barriers; and the inspection, testing and abatement of lead hazards. Funds will also be used for program delivery costs including staff salaries and benefits. Acquisition/Rehabilitation: CDBG and HOME funds may be used to support the acquisition of property for the development of affordable housing units for sale or rent by income-eligible and otherwise qualified households. This can include vacant land for new construction, or existing housing units, often combined with rehabilitation. Demolition: CDBG funds will be used for clearance, demolition, and removal of dilapidated structures that have been deemed uninhabitable in accordance with City codes, including the movement of structure to other sites. Funds will also be used for program delivery costs including staff salaries and benefits. Homebuyer Assistance: Down payment and closing cost assistance provided to eligible, qualified homebuyers through deferred no interest loans, which include a shared equity component, with HOME funds. Community Housing Development Organization: HOME funds will be made available to an eligible CHDO for the acquisition, development and construction of affordable housing units or the rehabilitation of existing housing units. New Construction: Leveraged Development and Non-Profit Partners: HOME funds will be used to facilitate the development of new affordable housing or the renovation of existing housing for low-income residents. Activities may include the acquisition of land, soft costs, or construction of single-family or multi-family units. Rental Rehabilitation: No funding recommended in FY2021 HOME funds will be matched with private funds to rehabilitate rental properties that will maintain affordable rents for low-income households for a specified period of time following the completion of the project. Projects will be selected based on the following priorities: bringing the unit up to City Codes and HUD standards, upgrade systems, energy conservation upgrades, exterior repairs, and other upgrades that increase marketability. Tenant Based Rental Assistance: Page 86 of 191 Using HOME funds, CD staff will administer a security deposit assistance program for low income individuals and families who will reside in housing units located in a HTC property located in College Station. Current properties include The Haven Apartments, The Heritage at Dartmouth, and Santour Court. Other eligible properties include Terrace Pines Apartments and Villas of Rock Prairie. CD staff will work with the Housing Choice Voucher Program to provide security deposit assistance to qualified voucher holders securing housing in College Station. CD Staff will also work with BVCAP, Twin City Mission, and Family Promise, which offers affordable rental units to lower-income households in College Station or assists homeless individual and families to secure housing. Public Services: 15% of the City’s CDBG fund allocation will be used in partnership with CDBG funds from the City of Bryan to fund non-profit social service agencies in the community. The Joint Relief Funding Review Committee, a Citizen Committee comprised of three members from the City of College Station and three from the City of Bryan, review program proposals from area nonprofits and recommend funding amounts based on their review. Funds are awarded to nonprofit programs who serve primarily low and moderate income residents of College Station and Bryan. Public Facility: Funds will be used to design, engineer, construct, or rehabilitate streets, sidewalks, parks, water and wastewater utilities, or other infrastructure improvements in College Station. Economic Development – Business & Job Development: Funds will be utilized in the establishment of a loan program to spur economic development and create or retain jobs for qualified low- and moderate-income persons. Program Administration: HOME and CDBG funds will be used for management, planning and administration of the City’s PY 2021 CDBG, HOME and other eligible grant programs for LMI citizens. Staff will provide capacity building and technical assistance as needed to citizens, builders, developers, and service providers. Funds from the administrative budget are made available to Project Unity to provide planning and reporting support to CD staff and coordinate a variety of community meetings to address the needs of low- and moderate- income residents, available services, and resources among local service providers. The City will utilize administrative funds to provide education to the community regarding Federal Fair Housing laws and affirmatively further fair housing in College Station. Page 87 of 191 RESOLUTION NO. __________ A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE PROGRAM YEAR 2020 (FY 2021) ACTION PLAN AND BUDGET ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDS. WHEREAS, the City of College Station is entitled to receive $1,185,698 in Community Development Block Grant (CDBG) funds and $506,963 in Home Investment Partnership Program (HOME) funds from the United States Department of Housing and Urban Development (HUD) in Program Year 2020 and has prepared a Program Year 2020 (FY 2021) Action Plan and Community Development Budget as required to secure these funds; and WHEREAS, the City of College Station, Texas, has a Five-Year Consolidated Plan that will be approved by both HUD and the City that guides the development of each year's Action Plan and Budget; and WHEREAS, the City of College Station, Texas, has an established Community Development Program under Chapter 373 of the Texas Local Government Code that (1) identifies areas of the City with concentrations of low and moderate income persons; (2) establishes areas in which program activities are proposed; (3) provides a plan under which citizens may publicly comment on activities; and (4) requires public hearings on program activities; and WHEREAS, the City of College Station has provided adequate information to the citizens and an opportunity to participate in the development of the City's Program Year 2020 (FY 2021) Action Plan and Community Development Budget; and WHEREAS, the City Council acknowledges that the adoption of the Program Year 2020 (FY 2021) Action Plan and Community Development Budget is in the best interest of the City and is for the purpose of securing additional community development resources for the primary benefit of low and moderate income citizens; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the Program Year 2020 (FY 2021) Action Plan and Community Development Budget which serves as the City's application to HUD for CDBG and HOME funds; PART 2: That the City Council hereby authorizes and designates the City Manager or his designee to sign all required applications, certifications, evaluations, and other forms required by HUD for all Community Planning and Development Grant Programs for the Program Year 2020 (FY 2021) on behalf of the City of College Station. Page 88 of 191 RESOLUTION NO.____ Page 2 of 2 PART 3: That this Resolution shall take effect immediately from and after its passage. ADOPTED this 13th day of August, A.D 2020. ATTEST:APPROVED: _________________________________________________________ City Secretary Mayor APPROVED: _____________________________ City Attorney Page 89 of 191 Attachment 7: Public Comments 7/1/2020 – 7/30/2020 Public Comment Period (as of 7/21/2020): Comment stated appreciation of historical allocation of the full 15% of CDBG funding available for public service agency funding. Supported continuation. 7/9/2020 City Council Meeting: Questions regarding CARES Act and other CDBG small business assistance and what other use of CARES Act funding. Comment regarding historical use of large amounts of CDBG money spent in State Streets (McCulloch Subdivision). Question regarding timely expenditure of grant funds. Concerns and questions stated regarding the recent announcement of the closure of Rock Prairie Behavioral Health. Staff directed to explore possibility of future use of CDBG to keep the facility open as it is the only in-patient mental health facility in College Station. Question regarding elimination of CDBG funding for Code Enforcement. Question regarding program income. Question regarding outreach to small businesses regarding the CDBG Economic Assistance program. Question regarding the determination of conclusions included in the Fair Housing Plan. 7/14/2020 Virtual Public Hearing: No public attendees and no comments received. Page 90 of 191 August 13, 2020 Item No. 3.9. Advance Funding Agreement for Signal Improvements (FM 2154 & Holleman Drive Intersection Improvements) Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution approving an advance funding agreement (AFA) in the amount of $34,727 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the FM 2154 and Holleman Drive Intersection Improvements project. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval of this resolution. Summary: The City of College Station in conjunction with TXDOT is designing and constructing intersection improvements at FM 2154 (Wellborn Rd) and Holleman Drive. This project includes raising the elevation of FM 2154 to flatten the intersection at the railroad crossing. Other improvements include an addition of a right turn lane, sidewalks, and a new traffic signal. The City will be responsible for pole finishings and equipment that are not normally part of the state requirements for signal pole in order to assure compliance with City requirements of signal poles on the City’s system. Budget & Financial Summary: Budget in the amount of $640,889 is included in the Streets Capital Improvement Projects Fund. A total of $520,131 has been expended or committed to date, leaving a balance of $120,758 for this AFA and future project expenses. Reviewed & Approved by Legal: No Attachments: 1.20300644 Resolution FM 2154 Holleman Signal Improvements 2.20300644 FM 2154 at Holleman AFA VolTIP Page 91 of 191 Resolution FM 2154 Holleman Signal Improvements RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDOT”) AUTHORIZING THE PARTIPATION IN THE COST OF CERTAIN ROADWAY IMPROVEMENTS INCLUDING AESTETIC AND OPERATIONAL ENHANCEMENTS TO CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS INCLUDED IN THE FM2154 AND HOLLEMAN DRIVE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, FM 2347 is owned and maintained by the Texas Department of Transportation; and WHEREAS, TXDOT has deemed it necessary to make certain highway improvements at the intersection of FM 2154 and Holleman Drive (the “Project”); and WHEREAS, any construction or improvements on Texas Department of Transportation right of way must be approved through the Texas Department of Transportation permitting process; and WHEREAS, the City of College Station desires to participate in the Project by funding portions of the Project including traffic signals with aesthetic and operational enhancements; and which include installation of traffic signals as part of the project; and by entering into this Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match On-System. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the agreement with TXDOT to contribute an amount not to exceed $34,727 for the costs associated with aesthetic and operational enhancements to construction of traffic signal improvements. PART 2: That the City Council herby authorizes the City Manager to execute the agreement. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2020. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 92 of 191 CSJ # 0540-04-005 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the Intersection Improvements at FM 2154 and Holleman Drive Page 1 of 6 AFA VolTIP Revised 10/13/2017 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of College Station, acting by and through its duly authorized officials, called the “Local Government”. The State and Local Government shall be collectively referred to as “the parties” hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, Transportation Code, Chapters 201 and 221, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115291 authorizing the State to undertake and complete a highway improvement generally described as Intersection Improvements at FM 2154 and Holleman Drive; and WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as aesthetic and operational enhancements included in the intersection improvements at FM 2154 and Holleman Drive (Project); and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the state; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: Page 93 of 191 CSJ # 0540-04-005 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the Intersection Improvements at FM 2154 and Holleman Drive Page 2 of 6 AFA VolTIP Revised 10/13/2017 AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in full force and effect until the Project has been completed and accepted by all parties or unless terminated as provided below. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities (Attachment A) which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its financial share for the State’s estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State’s written notification. D. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Page 94 of 191 CSJ # 0540-04-005 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the Intersection Improvements at FM 2154 and Holleman Drive Page 3 of 6 AFA VolTIP Revised 10/13/2017 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased cost to the department for a highway improvement project, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate Page 95 of 191 CSJ # 0540-04-005 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the Intersection Improvements at FM 2154 and Holleman Drive Page 4 of 6 AFA VolTIP Revised 10/13/2017 of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in Attachment A or existing maintenance agreements with the Local Government. 12. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 13. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of College Station ATTN: Public Works Director P.O. Box 9960 College Station, TX 77842 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11th Street Austin, TX 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Page 96 of 191 CSJ # 0540-04-005 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the Intersection Improvements at FM 2154 and Holleman Drive Page 5 of 6 AFA VolTIP Revised 10/13/2017 14. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 15. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 16. Amendments By mutual written consent of the parties, this agreement may be amended in writing prior to its expiration. 17. State Auditor Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Page 97 of 191 CSJ # 0540-04-005 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the Intersection Improvements at FM 2154 and Holleman Drive Page 6 of 6 AFA VolTIP Revised 10/13/2017 THIS AGREEMENT IS EXECUTED by the State and the Local Government. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Lance Simmons Typed or Printed Name Typed or Printed Name Bryan District Engineer Typed or Printed Title Typed or Printed Title Date Date Page 98 of 191 CSJ # 0540-04-005 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the Intersection Improvements at FM 2154 and Holleman Drive Page 1 of 1 AFA VolTIP Attachment A ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES At the request of the Local Government the State will provide additional powder coating to signal poles/mast arms, luminaires, and pedestrian poles as well as install priority control systems and LED internally lighted street name (ILSN) signs. The Project aesthetic and operational enhancements are beyond the standard finish provided by the State for these elements. The Local Government is responsible for 100% of all costs and overruns for the Project. Item  Number Description Quantity Unit  Price  Local Participation  % Cost  1 Additional Cost for Powder Coating (Signal  Poles/ Mast Arms) 4  $1,500   100%  $6,000  2 Additional Cost for Powder Coating  (Luminaires/Pedestrian Poles) 8  $75   100%  $600  3 Additional Cost for Priority Control System  (Preemption) 1  $9,020   100%  $9,020  4  LED Internally Lighted Street Name (ILSN) Sign 4  $3,600   100%  $14,400    Direct State Construction Costs ‐ (Items 1 ‐ 4)      $30,020    Direct State Costs ‐ Construction Engineering  and Contingencies (15%) N/A  N/A  100%  $4,503     Indirect State Costs (4.52%) N/A  N/A  100%  $204    TOTAL       $34,727  Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $34,727 Total payment by the Local Government to the State: $34,727 MAINTENANCE Page 99 of 191 CSJ # 0540-04-005 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the Intersection Improvements at FM 2154 and Holleman Drive Page 1 of 1 AFA VolTIP Attachment A The State and the Local Government shall be responsible for the maintenance of the State Highway System after completion of the Project in accordance with the Municipal Maintenance Agreement in effect at the time the maintenance is required. Page 100 of 191 August 13, 2020 Item No. 3.10. Advance Funding Agreement for Utility Relocations (FM 2154 & Holleman Drive Intersection Improvements) Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution approving an advance funding agreement (AFA) in the amount of $246,681 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for utility relocations for the FM 2154 and Holleman Drive Intersection Improvements project. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval of this resolution. Summary: The City of College Station in conjunction with TXDOT is designing and constructing intersection improvements at FM 2154 (Wellborn Rd) and Holleman Drive. This project includes raising the elevation of FM 2154 to flatten the intersection at the railroad crossing. Other improvements include an addition of a right turn lane, sidewalks, and a new traffic signal. As part of this project, portions of the city’s water and wastewater infrastructure will need to be moved because of conflicts with the road reconstruction and other infrastructure needed for the project. TXDOT usually requires the owner of the utility in conflict to clear the utility separately; however, in this case TXDOT agreed that it is more economical and efficient for such relocations be included in the State’s highway construction contract. Budget & Financial Summary: A combined total budget in the amount of $255,000 is included in the Water and Wastewater Capital Improvement Projects Funds. Nothing has been expended or committed to date, leaving a combined balance of $255,000 for this AFA and future project expenses. Reviewed & Approved by Legal: No Attachments: 1.20300645 Resolution FM 2154 Utility Relocations 2.20300645 Ready for Partial Execution AFA Utility - FM 2154 at Holleman Page 101 of 191 Resolution FM 2154 Utility Relocations RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDOT”) AUTHORIZING THE PARTIPATION IN THE COST OF CERTAIN ROADWAY IMPROVEMENTS INCLUDING UTILITY RELOCATIONS FOR THE FM 2154 AND HOLLEMAN DRIVE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, FM 2154 is owned and maintained by the Texas Department of Transportation; and WHEREAS, TXDOT has deemed it necessary to make certain highway improvements at the intersection of FM 2154 and Holleman Drive (the “Project”); and WHEREAS, any construction or improvements on Texas Department of Transportation right of way must be approved through the Texas Department of Transportation permitting process; and WHEREAS, the City of College Station possesses facilities that are affected by the Project; and the State agrees that it is more economical or efficient for such relocation to be effected by including in the State’s highway construction contract; and WHEREAS, the City of College Station desires to participate in the Project by funding portions of the Project including utility relocations by entering into this Advance Funding Agreement for Voluntary Utility Relocation Contributions on State Highway Improvement Projects. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the agreement with TXDOT to contribute an amount not to exceed $246,681 for the costs associated with utility relocations. PART 2: That the City Council herby authorizes the City Manager to execute the agreement. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2020. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 102 of 191 CSJ # 0540-04-005 ROW CSJ # 0540-04-087 U # U00002763 District # 17-Bryan Code Chart 64 # 09050 Project: Intersection Improvements at FM 2154 and Holleman Drive AFA Utility Page 1 of 5 Revised 02/20/2019 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation (“State”) and The City of College Station (“Utility”), WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads and highways that comprise the State Highway System; and, WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code §203.092 authorize s the State to regulate the placement of public utility facilities along a state highway; and, WHEREAS, Texas Transportation Commission Minute Order Number 115291 authorizes the State to undertake and complete a highway improvement generally described as: Intersection Improvements at FM 2154 and Holleman Drive (“Project”); and, WHEREAS, Utility possesses facilities that are affected by the above mentioned highway improvement and Utility, and the State agrees that it is more economical or efficient for such relocation to be effected by including said contract in the State’s highway construction contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the State and Utility do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and Utility will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which are eligible for relocation reimbursements or for which Utility has requested and has agreed Page 103 of 191 CSJ # 0540-04-005 ROW CSJ # 0540-04-087 U # U00002763 District # 17-Bryan Code Chart 64 # 09050 Project: Intersection Improvements at FM 2154 and Holleman Drive AFA Utility Page 2 of 5 Revised 02/20/2019 to pay for as described in Attachment A - Payment Provision and Work Responsibilities, which is attached to and made a part of this contract. In addition to identifying those items of work to be paid for by payments to the State, Attachment A - Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of Utility and will be carried out and completed by Utility, at no cost to the State. The Utility shall be responsible for costs that are shown on Attachment B, Estimated Utility Costs, which is attached to and made a part of this agreement. B. If the Utility will perform any work under this contract for which reimbursement will be provided by or through the State, the Utility must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Utility shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Utility or an employee of a firm that has been contracted by the Utility to perform oversight of the Project. The State in its discretion may deny reimbursement if the Utility has not designated a qualified individual to oversee the Project. C. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 3. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project or utility work is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, Utility will be responsible for the payment of Project costs incurred by the State on behalf of Utility up to the time of termination. 4. Right of Access If Utility is the owner of any part of the Project site, Utility shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 5. Adjustments Outside the Project Site Utility will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Page 104 of 191 CSJ # 0540-04-005 ROW CSJ # 0540-04-087 U # U00002763 District # 17-Bryan Code Chart 64 # 09050 Project: Intersection Improvements at FM 2154 and Holleman Drive AFA Utility Page 3 of 5 Revised 02/20/2019 6. Responsibilities of the Parties and Indemnity Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in a joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. To the extent permitted by law, Utility agrees to indemnify and hold harmless the State, its agents and employees, from all suits, actions, or claims and from all liabilit y and damages for any and all injuries or damages sustained by any person or property in consequence with the performance of design, construction, maintenance, or operation of the Utility facility. Such indemnity includes but is not limited to any claims or amounts arising or recovered under the “Worker’s Compensation Law”, the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. 7. Sole Agreement In the e vent the terms of the agreement are in conflict with the provisions of any other existing agreements between Utility and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 8. Successors and Assigns The State and Utility each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 9. Amendments By mutual written consent of the parties, the scope of work and payment provisions of this agreement may be amended prior to its expiration. 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A - Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Utility Accommodation Rules as set forth in 43 Texas Administrative Code §21.31 et. seq. adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. Page 105 of 191 CSJ # 0540-04-005 ROW CSJ # 0540-04-087 U # U00002763 District # 17-Bryan Code Chart 64 # 09050 Project: Intersection Improvements at FM 2154 and Holleman Drive AFA Utility Page 4 of 5 Revised 02/20/2019 11. Maintenance Upon completion of the Project, Utility will assume responsibility for the maintenance of the completed Utility facility unless otherwise specified in Attachment A to this agreement. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Utility: City of College Station Director of Public Works PO Box 9960 College Station, Texas 77842 State: Texas Department of Transportation Director of Contract Services 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwis e provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 14. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. 15. Access to Information The Utility is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Page 106 of 191 CSJ # 0540-04-005 ROW CSJ # 0540-04-087 U # U00002763 District # 17-Bryan Code Chart 64 # 09050 Project: Intersection Improvements at FM 2154 and Holleman Drive AFA Utility Page 5 of 5 Revised 02/20/2019 Information Act, available in a format that is accessible by the public at no additional charge to the state. Each party is signing this agreement on the date stated under that party’s signature. THE UTILITY _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ District Engineer _________________________________ Date Page 107 of 191 CSJ # 0540-04-005 ROW CSJ # 0540-04-087 U # U00002763 District # 17-Bryan Code Chart 64 # 09050 Project: Intersection Improvements at FM 2154 and Holleman Drive AFA Utility Page 1 of 3 Attachment A ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES 1. Description of the Work Items The parties agree that the existing water and wastewater facilities shall be relocated and adjustments shall be made along FM 2154 and Holleman Drive. The water and wastewater facilities shall be owned, operated, and maintained by Utility from and after completion and final acceptance by the State and Utility. The estimated total construction cost for the relocated and adjusted facilities is $246,681. The parties agree that it is their intent to complete the relocation improvement s within this estimate of cost. 2. Actual Cost Agreement Utility will be responsible for paying all costs associated with the planning, specification, and estimate (PS&E) development, and construction of the proposed utility work to the extent such is not reimbursed pursuant to state law . All the costs associated with construction of the water and wastewater items for the Project shall be provided as defined under the Standard Utility Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed between the State and Utility. 3. Schedule of Payments A. At least forty-five (45) days prior to the date set for receipt of the construction bids, the Utility shall remit its remaining financial share for the State’s estimated construction oversight and construction costs. Utility must advance to the State one hundred percent (100%) of its share of the estimated Project utility construction costs. The amount to be advanced for the utility improvement s is estimated to be $246,681. (See Attachment B – Estimated Utility Costs) B. In the event the State determines that additional funding is required by the Utility at any time during the Project, the State will notify the Utility in writing. The Utility is responsible for one hundred percent (100%) of the authorized project cost and any overruns. The Utility will make payment to the State within thirty (30) days from receipt of the State’s written notification. C. Whenever funds are paid by the Utility to the State under this agreement, the Utility will remit a warrant made payable to the “Texas Department of Transportation.” The warrant will be deposited by the State and managed by the State. Until the final Project accounting, funds may only be applied by the State to the Project. D. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Utility, the State, or the Federal Government will be promptly paid by the owing party. 4. Work Responsibilities A. The Utility shall provide the following services under this contract: i. Responsible for engaging the services of a Texas Registered Professional Engineer to prepare drawings and technical specifications for waterline relocations and adjustments along FM 2154 at the intersection of Holleman Drive. Page 108 of 191 CSJ # 0540-04-005 ROW CSJ # 0540-04-087 U # U00002763 District # 17-Bryan Code Chart 64 # 09050 Project: Intersection Improvements at FM 2154 and Holleman Drive AFA Utility Page 2 of 3 Attachment A ii. Provide the plans and specifications to the State to include in the current planning specifications and estimate package being prepared by representatives of the Texas Department of Transportation’s Bryan District Office. iii. Secure all necessary permitting as may be required for the installation of the water and wastewater line. iv. Arrange and coordinate with the contractor, through the State, materials and equipment testing, rejection of all work not conforming to minimum requirements of the construction contract documents, maintenance of the proposed water and wastewater facilities during construction, and the relocation of water and wastewater facilities and conne ction of services to customers. v. Advise the State of work that Utility determines should be corrected or rejected. vi. Arrange, observe, and inspect all acceptance testing and notify the State of the results of these activities. vii. Provide inspection services for the construction, notify the State of defects and deficiencies in the work, and observe actions of the contractor to correct such defects and deficiencies. viii. Assume all responsibility for the maintenance of the existing water and wastewater facilities during and upon completion of the construction contract. ix. Ensure all Texas Commission on Environmental Quality and all other regulatory rules, regulations and laws are strictly adhered to. x. Prepare and submit both a certificate of substantial completion and a list of observed items requiring completion or correction for the relocations and adjustments to the Project Engineer for concurrence. xi. Coordinate all construction activities performed by Utility’s staff for the relocations and adjustments through the Project Engineer. B. The State shall provide the following services under this contract: i. Combine the water and wastewater facilities relocation and adjustment plans with the plans being prepared for the Project. ii. Review and approve the final construction plans prior to any construction-related activities. In order to ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising for construction. iii. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. iv. Negotiate and administer all field changes and change orders required for the Project. All change orders increasing construction costs for Utility’s Project shall be submitted to Ut ility for review and approval together with an evaluation. Utility agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless Utility Board’s approval is necessary in which case Uti lity shall bring the item to Utility Board as soon as reasonably possible. v. Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and Page 109 of 191 CSJ # 0540-04-005 ROW CSJ # 0540-04-087 U # U00002763 District # 17-Bryan Code Chart 64 # 09050 Project: Intersection Improvements at FM 2154 and Holleman Drive AFA Utility Page 3 of 3 Attachment A efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. vi. Conduct field observations and coordinate with Utility’s inspectors and the contractor to cure defects and deficiencies in the construction prior to final acceptance. vii. Make timely payment to the contractor for work performed in connection with the Project. viii. Ensure access and permit Utility’s inspectors and other authorized representatives to inspect the waterline construction at all times. ix. Conduct and coordinate final inspection of the Project in the presence of Utility’s Engineer and Inspector, transmit final list of items to be completed or repaired and observe contractor correction of same. x. Maintain job file. Page 110 of 191 CSJ # 0540-04-005 ROW CSJ # 0540-04-087 U # U00002763 District # 17-Bryan Code Chart 64 # 09050 Project: Intersection Improvements at FM 2154 and Holleman Drive AFA Utility Page 1 of 1 Attachment B ATTACHMENT B ESTIMATED UTILITY COSTS Based on various calculations, following are those amounts due and payable for Utility’s costs associated with this project. Description Amount Total Bid Costs $ 220,250 Less Betterment Amount Due from Utility (0%) $ - Amount of Total Utility Relocation Costs $ 220,250 Estimated Amount Eligible for Reimbursement (calculated eligibility ratio = 0%) $ - Amount of Utility Adjustment Due from Utility $ 220,250 Estimated Amount to be included in Construction Agreement: A. Betterment $ - B. Utility Adjustment $ 220,250 C. Barricades - 2% $ 4,405 D. Mobilization - 5% $ 11,013 E. Engineering/Contingency - 5% $ 11,013 Total Due to State from Utility $ 246,681 Page 111 of 191 August 13, 2020 Item No. 3.11. Advance Funding Agreement for Signal Improvements (Texas Avenue and New Main/Walton Intersection and FM 60 and Nimitz Intersection) Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution approving an advance funding agreement (AFA) in the amount of $91,427 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the intersections of Texas Avenue at New Main (Walton Drive) and FM 60 (University Drive) at Nimitz Street. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval of this resolution. Summary: TXDOT is constructing signal improvements at the intersections of Texas Avenue at New Main/Walton Drive and FM 60 (University Drive) and Nimitz Street. The City of College Station will be responsible for pole finishings and equipment that are not normally part of the state requirements for signal poles in order to assure compliance with City requirements of signal poles on the City’s system. Budget & Financial Summary: A combined total budget of $100,000 is included in the Streets Capital Improvement Projects Fund. Nothing has been expended or committed to date, leaving a balance of $100,000 for this AFA and future project expenses. Reviewed & Approved by Legal: No Attachments: 1.20300646 Resolution 2020 Intersection Improvements 2.20300646 0050-01-087 etc (BS 6R FM 60) AFA VolTIP Page 112 of 191 Resolution 2020 Intersection Improvements RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDOT”) AUTHORIZING THE PARTIPATION IN THE COST OF CERTAIN ROADWAY IMPROVEMENTS INCLUDING AESTETIC AND OPERATIONAL ENHANCEMENTS TO CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS ON BS 6R (TEXAS AVENUE) AT THE INTERSECTION OF WALTON DRIVE AND FM 60 (UNIVERSITY DRIVE) AT THE INTERSECTION OF NIMITZ STREET WHEREAS, BS 6R and FM 60 are owned and maintained by the Texas Department of Transportation; and WHEREAS, TXDOT has deemed it necessary to make certain highway improvements generally described as traffic signal improvements on BS 6R (Texas Avenue) at the intersection of Walton Drive and FM 60 (University Drive) at the intersection of Nimitz Street (the “Project”); and WHEREAS, any construction or improvements on Texas Department of Transportation right of way must be approved through the Texas Department of Transportation permitting process; and WHEREAS, the City of College Station desires to participate in the Project by funding portions of the Project including traffic signals with aesthetic and operational enhancements; and which include installation of traffic signals as part of the project; and by entering into this Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match On-System. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the agreement with TXDOT to contribute an amount not to exceed $91,427 for the costs associated with aesthetic and operational enhancements to construction of traffic signal improvements. PART 2: That the City Council herby authorizes the City Manager to execute the agreement. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2020. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 113 of 191 CSJ # 0050-01-087 & 0506-01-115 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at Multiple Locations Page 1 of 6 AFA VolTIP Revised 10/13/2017 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of College Station, acting by and through its duly authorized officials, called the “Local Government”. The State and Local Government shall be collectively referred to as “the parties” hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, Transportation Code, Chapters 201 and 221, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115291 authorizing the State to undertake and complete a highway improvement generally described as traffic signal improvements on BS 6R (Texas Avenue) at the intersection of Walton Drive (CSJ 0050-01-087) and install traffic signals on FM 60 (University Drive) at the intersection of Nimitz Street (CSJ 0506-01-115); and WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as aesthetic and operational enhancements (Project); and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the state; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: Page 114 of 191 CSJ # 0050-01-087 & 0506-01-115 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at Multiple Locations Page 2 of 6 AFA VolTIP Revised 10/13/2017 AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in full force and effect until the Project has been completed and accepted by all parties or unless terminated as provided below. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities (Attachment A) which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its financial share for the State’s estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State’s written notification. D. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Page 115 of 191 CSJ # 0050-01-087 & 0506-01-115 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at Multiple Locations Page 3 of 6 AFA VolTIP Revised 10/13/2017 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased cost to the department for a highway improvement project, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not Page 116 of 191 CSJ # 0050-01-087 & 0506-01-115 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at Multiple Locations Page 4 of 6 AFA VolTIP Revised 10/13/2017 maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in Attachment A or existing maintenance agreements with the Local Government. 12. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 13. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of College Station ATTN: Public Works Director P.O. Box 9960 College Station, TX 77842 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11th Street Austin, TX 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Page 117 of 191 CSJ # 0050-01-087 & 0506-01-115 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at Multiple Locations Page 5 of 6 AFA VolTIP Revised 10/13/2017 14. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 15. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 16. Amendments By mutual written consent of the parties, this agreement may be amended in writing prior to its expiration. 17. State Auditor Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Page 118 of 191 CSJ # 0050-01-087 & 0506-01-115 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at Multiple Locations Page 2 of 6 AFA VolTIP Revised 10/13/2017 THIS AGREEMENT IS EXECUTED by the State and the Local Government. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Lance Simmons Typed or Printed Name Typed or Printed Name Bryan District Engineer Typed or Printed Title Typed or Printed Title Date Date Page 119 of 191 CSJ # 0050-01-087 & 0506-01-115 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at Multiple Locations Page 1 of 3 AFA VolTIP Attachment A ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES BS 6R at Walton Drive (CSJ 0050-01-087) At the request of the Local Government the State will provide additional powder coating to signal poles/mast arms, luminaires, and pedestrian poles as well as install priority control system and LED Internally Lighted Street Name (ILSN) signs. The Project aesthetic and operational enhancements are beyond the standard finish provided by the State for these elements. The Local Government is responsible for 100% of all costs and overruns for the Project. Item Number Description Quantity Unit Price Local Participation % Cost 1 Additional Cost for Powder Coating (Signal Poles/ Mast Arms) 8 $1,500 100% $12,000 2 Additional Cost for Powder Coating (Luminaires/ILSN/Pedestrian Poles) 13 $75 100% $975 3 Additional Cost for Priority Control System (Preemption) 1 $9,250 100% $9,250 4 LED Illuminated Sign 4 $3,600 100% $14,400 Direct State Construction Costs - (Items 1 - 4) $36,625 Direct State Costs - Construction Engineering and Contingencies (15%) N/A N/A 100% $5,494 Indirect State Costs (4.52%) N/A N/A 100% $248 Subtotal $42,367 FM 60 at Nimitz Street (CSJ 0506-01-115) Page 120 of 191 CSJ # 0050-01-087 & 0506-01-115 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at Multiple Locations Page 2 of 3 AFA VolTIP Attachment A At the request of the Local Government the State will provide additional powder coating to signal poles/mast arms, luminaires, and pedestrian poles as well as install priority control system, LED Internally Lighted Street Name (ILSN) signs, CCTV camera unit. The Project aesthetic and operational enhancements are beyond the standard finish provided by the State for these elements. The Local Government is responsible for 100% of all costs and overruns for the Project. Item Number Description Quantity Unit Price Local Participation % Cost 1 Additional Cost for Powder Coating (Signal Poles/ Mast Arms) 8 $1,500 100% $12,000 2 Additional Cost for Powder Coating (Luminaires/ILSN/Pedestrian Poles) 12 $75 100% $900 3 Additional Cost for Priority Control System (Preemption) 1 $8,610 100% $8,610 4 LED Illuminated Sign 4 $3,600 100% $14,400 5 Additional Cost for CCTV Camera Unit (Pan, Tilt, and Zoom Capability) 1 $6,500 100% $6,500 Direct State Construction Costs - (Items 1 - 4) $42,410 Direct State Costs - Construction Engineering and Contingencies (15%) N/A N/A 100% $6,362 Indirect State Costs (4.52%) N/A N/A 100% $288 Subtotal $49,060 TOTAL $91,427 Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $91,427 Total payment by the Local Government to the State: $91,427 Page 121 of 191 CSJ # 0050-01-087 & 0506-01-115 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at Multiple Locations Page 3 of 3 AFA VolTIP Attachment A MAINTENANCE The State and the Local Government shall be responsible for the maintenance of the State Highway System after completion of the Project in accordance with the Municipal Maintenance Agreement in effect at the time the maintenance is required. Page 122 of 191 August 13, 2020 Item No. 3.12. Overhead Electric Distribution Construction & Maintenance Contract Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action regarding the award of RFP 20-045, Overhead Electric Distribution Construction and Maintenance, to Southern Electric Corporation of Mississippi for a not to exceed amount of $750,000. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends awarding contract no. 20300550 to Southern Electric Corporation of Mississippi for a not to exceed amount of $750,000. Summary: The Overhead Electric Distribution Construction & Maintenance Contract is for supplemental labor and equipment to construct the required electric distribution line extensions and conversions and to provide for the necessary maintenance of the City’s electric distribution system for a twelve (12) month period. Estimated unit quantities for this bid were based on 2019 work performed by the former contractor and were used to determine the annual estimate for labor costs. Four (4) competitive proposals were received on June 5, 2020 in response to RFP 20-045. The proposals were evaluated and ranked by members of the Electric Staff. Southern Electric Corporation of Mississippi had the highest-ranking proposal. This contract will be for a one (1) year term with two (2) possible one year renewals. Budget & Financial Summary: Funds for labor in this contract is budgeted in the Electric Capital Improvements and Maintenance Projects Funds and will be expensed as work is assigned. Reviewed & Approved by Legal: No Attachments: 1.20-045 Evaluation - Council Summary 2.Contract is available for review in the City Secretary's Office Page 123 of 191 RFP# 20-045 Evaluation - Round 1 - Average Round One Evaluations:Maximum Points Higer Power Electrical LLC Power Line Services Primoris T&D Southern Elect Corp of Miss Contractor and Subcontractor Experience & Qualifications 30 19.50 20.50 21.75 22.25 Contractor Current Work Schedule/Record 30 17.50 21.25 20.50 24.75 Contractor Safety Record 20 12.75 15.25 13.25 14.00 Contractor and Subcontractor References 10 7.75 9.00 8.25 9.50 Contractor Key Personnel 5 3.75 3.25 4.50 4.25 Contractor Financial Resources 5 4.00 2.25 4.50 4.75 Total Points 100 65.25 71.50 72.75 79.50 Points Rank 4.00 3.00 2.00 1.00 Averaged Rank 3.63 2.88 2.50 1.00 RFP 19-028 Annual Electric System Construction and Maintenance Labor Page 124 of 191 RFP# 20-045 Evaluation - Round 2 Round Two Evaluations: Overhead Maximum Points Higer Power Electrical LLC Power Line Services Primoris T&D Southern Elect Corp of Miss Contractor and Subcontractor Experience & Qualifications 15 10.25 10.88 11.13 Contractor Current Work Schedule/Record 15 10.63 10.25 12.38 Contractor Safety Record 5 3.81 3.31 3.50 Contractor and Subcontractor References 5 4.50 4.13 4.75 Proposed Construction Contract Amount 60 43.54 36.52 60.00 Total Points 100 72.73 65.09 91.75 Points Rank 2.00 3.00 1.00 RFP 19-028 Annual Electric System Construction and Maintenance Labor Page 125 of 191 RFP# 20-045 Evaluation - Round 1 Round One Evaluations:Maximum Points Higer Power Electrical LLC Power Line Services Primoris T&D Southern Elect Corp of Miss Notes Contractor and Subcontractor Experience & Qualifications 30 10 10 15 15 Contractor Current Work Schedule/Record 30 10 15 15 20 Contractor Safety Record 20 15 15 15 15 Contractor and Subcontractor References 10 10 10 10 10 Contractor Key Personnel 5 3 1 4 4 Contractor Financial Resources 5 3 0 3 4 Total Points 100 51 51 62 68 3 Page 126 of 191 RFP# 20-045 Evaluation - Round 1 Round One Evaluations:Maximum Points Higer Power Electrical LLC Power Line Services Primoris T&D Southern Elect Corp of Miss Notes Contractor and Subcontractor Experience & Qualifications 30 25 22 22 22 Contractor Current Work Schedule/Record 30 15 22 18 25 Contractor Safety Record 20 16 18 12 14 Contractor and Subcontractor References 10 6 8 5 10 Contractor Key Personnel 5 4 4 5 4 Contractor Financial Resources 5 3 4 5 5 Total Points 100 69 78 67 80 4 Page 127 of 191 RFP# 20-045 Evaluation - Round 1 Round One Evaluations:Maximum Points Higer Power Electrical LLC Power Line Services Primoris T&D Southern Elect Corp of Miss Notes Contractor and Subcontractor Experience & Qualifications 30 20 23 25 27 Contractor Current Work Schedule/Record 30 20 23 24 27 Contractor Safety Record 20 10 13 13 14 Contractor and Subcontractor References 10 5 8 8 8 Contractor Key Personnel 5 3 3 4 4 Contractor Financial Resources 5 5 5 5 5 Total Points 100 63 75 79 85 5 Page 128 of 191 RFP# 20-045 Evaluation - Round 1 Round One Evaluations:Maximum Points Higer Power Electrical LLC Power Line Services Primoris T&D Southern Elect Corp of Miss Notes Contractor and Subcontractor Experience & Qualifications 30 23 27 25 25 Contractor Current Work Schedule/Record 30 25 25 25 27 Contractor Safety Record 20 10 15 13 13 Contractor and Subcontractor References 10 10 10 10 10 Contractor Key Personnel 5 5 5 5 5 Contractor Financial Resources 5 5 0 5 5 Total Points 100 78 82 83 85 6 Page 129 of 191 Higer Power Electrical LLC Power Line Services Overhead Units - Installed Cost $ 750,735.00 $ 1,395,634.19 Overhead Unit - Removal (Retirement) Cost $ 297,991.00 $ 735,785.41 Hourly Rates $ 213,034.00 $ 262,659.60 GRAND TOTAL ESTIMATED UNITS $ 1,261,760.00 $ 2,394,079.20 Page 130 of 191 Primoris T&D Southern Elect Corp of Miss $ 1,894,364.22 $ 1,151,947.78 $ 789,168.98 $ 424,567.62 $ 170,635.20 $ 160,890.00 $ 2,854,168.40 $ 1,737,405.40 Page 131 of 191 Contract is available for review in the City Secretary’s office. Page 132 of 191 August 13, 2020 Item No. 3.13. Engineering Services Retainer Contract with Electrical Consultants, Inc. Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action regarding a professional services contract with Electrical Consultants, Inc. (ECI) for $600,000 for engineering services. Relationship to Strategic Goals: Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff recommends Council approve the contract with ECI. Summary: In previous years, the Electric Department has contracted with one engineering firm to provide services. Because of the complexity of projects, the expertise required for some projects, and the timing to get work scheduled in a timely manner, having options on engineering services would be beneficial. RFQ 20-043 was issued on April 10th and closed on May 12th, 2020 for these engineering services. Sixteen (16) responses were received and evaluated. From this evaluation, ECI was determined to best meet the needs of the department. This contract will be for an original term of one (1) year with two (2) possible one year renewal terms. Budget & Financial Summary: Funds are budgeted and available in the Electric’s Operating and Capital Improvement Budgets. Reviewed & Approved by Legal: No Attachments: 1.Contract is available for review in the City Secretary's Office Page 133 of 191 Contract is available for review in the City Secretary’s office. Page 134 of 191 August 13, 2020 Item No. 3.14. Justice Assistance Grant (JAG) Program Interlocal Agreement Sponsor:James Arnold, Police Lieutenant Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of an Interlocal Agreement between Brazos County, the City of Bryan, and the city of College Station for the 2020 Byrne Justice Assistance Grant (JAG) Program in which the City of College Station has been allocated $13,416.40 for the purpose of supporting law enforcement programs. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff recommends council approve this item to receive the grant. Summary: Each year the Byrne Justice Assistance Grant Program allocates funding to eligible law enforcement jurisdictions. The City of College Station, the City of Bryan, and Brazos County are all eligible to receive funding from the JAG Program. Funding is provided to one of the three agencies as the grantee and while the other two agencies are considered sub-grantees. This year the City of Bryan is the grantee while the City of College Station and Brazos County are the sub-grantees. The City of College Station has been allocated funding in the amount of $13,416.40 which can be used for a wide range of law enforcement programs. Budget & Financial Summary: The City of College Station has been allocated $13,416.40 in the Byrne Justice Assistance Grant (JAG) Program to be used for law enforcement programs. Reviewed & Approved by Legal: No Attachments: 1.2020 JAG Interlocal Agreement (1) Page 135 of 191 2020 JAG Program ILA Page 1 of 7 Contract No. INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, THE CITY OF COLLEGE STATION, AND THE CITY OF BRYAN FOR THE 2020 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into by and between Brazos County, Texas (hereinafter referred to as the “County”), acting through its Commissioners’ Court, the City of College Station (hereinafter referred to as “College Station”), a Texas Home Rule Municipal Corporation, acting through its City Council; and the City of Bryan, Texas (hereinafter referred to as “Bryan”), a Texas Home Rule Municipal Corporation, acting through its City Council. WHEREAS, the County, College Station, and Bryan wish to submit a joint application for grant funds under the U.S. Department of Justice’s 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, as a condition precedent to receiving a JAG award, the County, College Station, and Bryan are required to enter into an inter-local agreement designating one joint applicant to serve as the applicant/fiscal agent for the joint funds; and WHEREAS, Bryan will serve as the applicant/fiscal agent; and WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, Bryan agrees to provide the County $6,064.95 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan agrees to provide College Station $13,416.40 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and Page 136 of 191 2020 JAG Program ILA Page 2 of 7 Contract No. WHEREAS, Bryan shall use their $20,951.65 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan, College Station and the County believe it to be in their best interest to reallocate the JAG funds as described above, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1.Bryan agrees to pay the County a total of $6,064.95 of JAG funds. 2.The County agrees to use the $6,064.95 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 3.Bryan agrees to pay College Station a total of $13,416.40 of JAG funds. 4.College Station agrees to use $13,416.40 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 5.Bryan agrees to retain a total of $20,951.65 of the JAG funds. 6.Bryan agrees to use $20,951.65 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 7.The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 8.By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 9.No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 10.Each entity shall ensure that all applicable laws and ordinances have been satisfied. Page 137 of 191 2020 JAG Program ILA Page 3 of 7 Contract No. 11.Effective Date and Term. This Agreement shall be effective when signed by the last party signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2023. 12.Indemnification. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. 13.Consent to Suit. Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. 14.Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 15.Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. 16.Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 17.Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 18.Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. CITY OF BRYAN City Manager City of Bryan 300 South Texas Ave Bryan, Texas 77803 CITY OF COLLEGE STATION City Manager City of College Station P.O. Box 9960 College Station, Texas 77842 BRAZOS COUNTY County Judge Brazos County 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 Page 138 of 191 2020 JAG Program ILA Page 4 of 7 Contract No. 19.Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 20.Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 21.Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse any other different or subsequent breach. 22.Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 23.Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 24.Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Page 139 of 191 2020 JAG Program ILA Page 5 of 7 Contract No. EXECUTED this the _________ day of _______________, 2020 by CITY OF BRYAN. CITY OF BRYAN By:_____________________ Mayor ATTEST:APPROVED AS TO FORM: ____________________________________________ City Secretary City Attorney Page 140 of 191 2020 JAG Program ILA Page 6 of 7 Contract No. EXECUTED this the ______ day of __________________, 2020 by CITY OF COLLEGE STATION. CITY OF COLLEGE STATION By: ________________________________ Mayor ATTEST:APPROVED AS TO FORM: _____________________________________ _________________________________ City Secretary City Manager __________________________________ City Attorney _________________________________ Assistant City Manager/CFO Page 141 of 191 2020 JAG Program ILA Page 7 of 7 Contract No. EXECUTED this the __________ day of _________________, 2020 by BRAZOS COUNTY. COUNTY OF BRAZOS By:_______________________________________ County Judge ATTEST:APPROVED AS TO FORM: _______________________________ _________________________________ County Clerk Counsel for Brazos County Page 142 of 191 August 13, 2020 Item No. 3.15. TAMU Football Post Gameday Traffic Control Contract Sponsor:Troy Rother, Senior Engineer Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approving a contract with Buyers Barricades for 2020 TAMU Football Post Gameday Traffic Control in the amount of $104,965. Relationship to Strategic Goals: Core Services and Infrastructure Improving Mobility Recommendation(s): Staff recommends approval of the contract. Summary: After each Texas A&M University home football game, the Public Works Department for the City of College Station manages several different operations to dramatically improve mobility along the roadway network. One of these operations is the supervision of a contractor deploying traffic control devices which close some roadway access points and/or increase roadway capacities to move approximately 120,000 TAMU football fans safely and efficiently away from Kyle Field. Buyers Barricades, Inc is a BuyBoard contractor for the sale of various types of highway safety and traffic control products. (Contract 608-20) BuyBoard is a purchasing cooperative for public agencies. All products and services available for purchase through BuyBoard contracts have been competitively bid and awarded and satisfy any State law requirements relating to competitive bids or proposals. Additionally, as part of a standing agreement with TAMU, the University will reimburse 50% of the costs incurred by the City for deploying these devices after each football game. Budget & Financial Summary: Budget for the purchase and deployment of the traffic control devices needed after each TAMU football game has been included in the FY20 budget and in the proposed FY21 budget. Reviewed & Approved by Legal: No Attachments: 1.Contract on file with the City Secretary's Office Page 143 of 191 1.Contract on file with the City Secretary’s Office Page 144 of 191 August 13, 2020 Item No. 3.16. Annual Tree Trimming and Removal Services Contract Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the award of a service contract between the City of College Station and Rios Tree Services, Inc., for an annual amount not to exceed $150,000 for tree trimming and removal services. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract. Summary: In response to RFP #20-046, two (2) sealed proposals were received and evaluated with Rios Tree Services, Inc. providing the best value for the City. The initial term of the Contract is for one (1) year with the option to renew for two (2) additional one (1) year terms for a total of three (3) years. Budget & Financial Summary: Funds are budgeted and available in the Public Works Landscape Maintenance operating budget and also in the Parks and Recreation budget. Reviewed & Approved by Legal: No Attachments: 1.Contract on file with the City Secretary's Office Page 145 of 191 1.Contract on file with the City Secretary’s Office Page 146 of 191 August 13, 2020 Item No. 3.17. Presentation, discussion, and possible action on a resolution of the City Council of the City of College Station, Texas, selecting a depository bank and authorizing the Mayor to enter into a contract with such bank on behalf of the City. Sponsor:Michael Dehaven, Assistant Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a resolution of the City Council of the City of College Station, Texas, selecting a depository bank and authorizing the Mayor to enter into the contract on behalf of the City. Relationship to Strategic Goals: Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff respectfully recommends approving the resolution selecting Truist Bank as the City’s depository bank. Summary: Depository services primarily consist of receiving and holding City deposits and processing City transfers/payments through either electronic fund transfers or the clearing of checks drawn on City accounts. The City’s current depository services is with Truist Bank and on a monthly basis, the City deposits and withdraws approximately $28,000,000 and mainstreams a combined average balance of approximately $225,000,000 - $285,000,000. On June 5, 2020, the City received three (3) applications from the following banks in response to Request for Applications (RFA) No. 20-051: Truist Bank, Frost Bank and Prosperity Bank. Weighted evaluation criteria utilized to rank the applications were specifically outlined in the RFA. The three (3) most heavily weighted factors were: 1) Required Operating Account balance to provide sufficient credit for banking services fees, 2) Money Market cash account interest rate, and 3) Financial institution’s ability to provide the City with effective and innovative cash management services. Upon final evaluation and scoring of all applications received by the Application Review Committee, Truist Bank’s application is determined to be the highest ranking and most advantageous application for the City and its citizens. Budget & Financial Summary: The cost for depository services provided by Truist Bank is expected to not exceed $100,000 over the five (5) year term. The expenditure for bank depository services is budgeted in the General Fund. Reviewed & Approved by Legal: No Attachments: 1.RESOLUTION with Contract as Ex A v2 Page 147 of 191 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SELECTING A DEPOSITORY BANK AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT REGARDING SAME; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, the City of College Station, Texas, gave notice to various banks, credit unions and saving associations requesting the submission of applications for the performance of depository services in accordance with § 105.012 Texas Local Government Code; and WHEREAS, in accordance with § 105.016 Texas Local Government Code the City Council of the City of College Station, Texas, now desires to designate Truist Bank to serve as a depository for the City’s funds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the facts and recitations set forth in the preamble of this Resolution are declared true and correct. PART 2: That the City Council hereby designates Truist Bank to serve as a depository for the City of College Station’s funds and herein so orders this to be recorded in its minutes. PART 3: That the City Council hereby approves the contract with Truist Bank for depository banking services under the terms and conditions set forth in the Bank Depository Contract attached hereto as Exhibit “A” and incorporated herein. PART 4: That the City Council hereby authorizes the Mayor to execute this Contract. PART 5: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2020. ATTEST: APPROVED: City Secretary MAYOR APPROVED: City Attorney 13th August Page 148 of 191 Exhibit “A” Resolution No. ________Page 2 of 11 Page 149 of 191 BANK DEPOSITORY CONTRACT THE STATE OF TEXAS )( COUNTY OF BRAZOS )( This Bank Depository Contract (the “Contract”) is made and entered into by and between the City of College Station, Texas (the “City”) and Truist Bank (the “Bank”) a bank chartered by the State of Texas. Section 1. Designation as Depository: The City, through action of its Governing Body, hereby designates the Bank as its depository for banking services for a five-year term beginning October 1, 2020, and ending September 30, 2025. Section 2. Designation of Custodian: The Bank hereby pledges securities as shown in Exhibit A, attached hereto and incorporated herein for all purposes, as a pledge to the City to secure its deposits of funds of said City, as provided for in said designation, said securities in the part and appraised value equal to or at least 105% of the largest combined balance plus accrued interest the City maintains in the bank, less the amount provided by the Federal Deposit Insurance Corporation (FDIC). The said securities, during the life of this Contract, are to be held and retained in the custody of the Federal Reserve Bank, hereinafter called the Custodial Bank. The Bank will at all times keep on deposit with said Custodial Bank an amount of securities equal in value to 105% of the largest combined balance the City of College Station maintains in the Custodial Bank. This amount will exclude deposit insurance as provided, now or hereafter, by the Federal Deposit Insurance Corporation. No securities pledged with the Custodial Bank will be withdrawn, released or substituted without the prior written consent of the City’s designated representative. The City will release collateral only if it is satisfied that such collateral is not needed as security for the City’s deposits. The Bank shall have the right at all times to collect interest accruing on said securities. It shall also have the right to collect any maturing securities, but at the same time must replace an equal amount of acceptable securities in lieu thereof. It is the condition of this pledge that The Bank will faithfully perform all duties and obligations imposed by law, City Charter, or ordinance upon it as a City Depository, and that it shall faithfully, upon presentation, pay any and all checks and drafts upon said Depository by the City of College Station, Texas, and that the said Bank shall faithfully keep all funds of said City of College Station, Texas, deposited with it and account therefor according to law. During the life of this Contract the said City of College Station, Texas, shall have a first and prior lien upon all of said securities which may now or hereafter be in the hands of the said Custodial Bank to secure the faithful performance of this Contract and the observance of the above conditions. After obtaining the approval of the City Council of the City of College Station, Texas, or its designated agent, the Custodial Bank may be changed and the securities deposited with such other Custodial Bank as may be approved by the City of College Station, Texas. Resolution No. ________Page 3 of 11 Page 150 of 191 Section 3. Financial Position: The Bank will provide a statement of its financial position on at least a quarterly basis. The Bank will provide an annual statement audited by its independent auditors including a letter as to its “fair representation”. Section 4. Authorized City Representative: For the term of this Contract, the City designates the individuals as listed in Exhibit B as authorized to represent and act for the City in any and all matters including collateral assignment and substitution, execution of agreements and transfer of funds. Any change in these representatives will be made in writing. Section 5. Scope of Services: The City’s Request for Application (“RFA”), dated May 15, 2020, including the Bank’s response to the RFA (the “Response”) is attached hereto as Exhibit C and incorporated into this Contract for all purposes, including service charges, time deposit, demand deposit and loan rates. If any provisions of the RFA and Response and this Agreement are in conflict, this Agreement will control. The Bank shall faithfully perform all of its duties and obligations required by the laws of the State of Texas for public funds depositories and shall upon presentation pay all checks drawn on it against collected funds on demand deposits, and shall, at the expiration of the Contract, turn over to its successor all funds, City-owned securities, property and things of value held as depository. The City shall have the power to determine and designate the character and amount of the funds to be deposited in the Bank. The City may arrange for time deposits and the Bank may accept such deposits subject to the terms of the Bank’s Response. This Contract, along with all Exhibits and other incorporated documents shall constitute the entire agreement between the parties. Section 6. Contract Amount. The total amount compensated for services rendered under this Contract shall not exceed One Hundred Thousand and No/100 Dollars ($100,000.00). Section 7. Default: In the event of a default, failure or insolvency of the Bank, the City shall be deemed to have vested full title to all securities pledged under this Contract. The City is empowered to take possession of and transfer and or sell any and all securities. If the security is liquidated, any proceeds over the defaulted amount, plus expenses related to liquidation, shall be returned to the Bank. This power is in addition to other remedies which the City may have under this Contract and without prejudice to its rights to maintain any suit in any court for redress of injuries sustained by the City under this Contract. Section 8. Assignment: This Contract cannot be transferred or assigned to another party without the written consent of the City and may be subject to cancellation if such consent is not requested. Any and all expenses incurred by the City which are directly caused by a change in management, ownership of the Bank or a merger during the term of this Contract shall be reimbursed to the City by the Bank. Such costs shall be limited to reasonable “direct expense” related to a changeove r to a new bank. Section 9. Termination: This Contract may be terminated by either the City or the Bank by giving sixty (60) days prior written notice to the parties. Resolution No. ________Page 4 of 11 Page 151 of 191 Section 10. Law Governing: All applicable provisions and requirements of the laws of the State of Texas governing depositories for the City shall be a part of this Contract. Section 11. Bank Authorization: The Bank represents and warrants that this Contract is made pursuant to and is duly authorized by the Board of Directors of the Bank and recorded in the official records of the Bank. Section 12. Effective Date. This Contract shall take effect upon the approval thereof by the City of College Station, Texas, to be evidenced by the signature of the Mayor hereunto affixed, attested by the City Secretary, and the seal of said City of College Station, Texas and by a certified copy of resolution of the City Council of the City of College Station, Texas, approving this Contract, attached hereto as Exhibit D and incorporated into this Contract for all purposes. A written acceptance of the said Custodial Bank to be evidenced by the signature of an officer, duly and lawfully authorized by a resolution of the Board of Directors or similar document, shall be attached hereto as Exhibit E and incorporated into this Contract for all purposes. Section 13, Waiver. Failure of either party, at any time, to enforce a provision of this Contract shall in no way constitute a waiver of that provision nor in any way affect the validity of this Contract, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Contract shall be deemed waived unless the waiver shall be in writing and signed by the party claimed to have waived. List of Exhibits “A” Securities pledged by Bank “B” List of authorized individuals to represent City of College Station “C” City’s RFA and Bank’s Response “D” Resolution of City of College Station “E” Resolution of Bank TRUIST BANK By: Title Date: Resolution No. ________Page 5 of 11 Page 152 of 191 CITY OF COLLEGE STATION By: Mayor Date: ATTEST: City Secretary Date APPROVED: City Manager Date City Attorney Date Assistant City Manager/CFO Date Resolution No. ________Page 6 of 11 Page 153 of 191 Exhibit A List Pledged Securities Resolution No. ________Page 7 of 11 Page 154 of 191 Exhibit B LIST OF AUTHORIZED INDIVIDUALS TO REPRESENT THE CITY OF COLLEGE STATION Bryan Woods, City Manager Jeffrey Capps, Interim City Manager Jeff Kersten, Assistant City Manager/CFO Mary Ellen Leonard, Finance Director Michael Dehaven, Assistant Finance Director Resolution No. ________Page 8 of 11 Page 155 of 191 Exhibit C City’s Request for Applications And Bank’s Response Resolution No. ________Page 9 of 11 Page 156 of 191 Exhibit D City Resolution Resolution No. ________Page 10 of 11 Page 157 of 191 Exhibit E Bank Resolution Resolution No. ________Page 11 of 11 Page 158 of 191 August 13, 2020 Item No. 3.18. Annual price agreement to Techline, Inc for the purchase of Air Switches Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on awarding an annual price agreement to Techline, Inc for the purchase of Air Switches which will be maintained in electrical inventory and expended as needed. The total recommended award is for an amount not to exceed $189,000. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends the award of the annual price agreement with Techline, Inc. for an amount not to exceed $189,000. Summary: After a competitive sealed bid process was conducted for the annual purchase of Air Switches, with four responding vendors, Electric staff evaluated the bids for specification compliance and recommended award to Techline, Inc. This is the first year with two possible one-year renewal options. Budget & Financial Summary: Funds are budgeted and available in the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed & Approved by Legal: No Attachments: 1.20-061 Bid AWARD Page 159 of 191 BID#20-061 BID AWARD Line # Description Mfgr Mfgno QTY UOM Unit Extended Unit Extended 1 Group A-1 "Horizontal Air Switch 900 amp. Automation Ready, horizontally mounted switch, 25kV, 3 Pole, 150kV BIL, Torsional Control Rod. No Substitutions Our Inventory #285-077-00004Hubell AR114FFL 30 EA $4,300.00 $129,000.00 $4,420.00 $132,600.00 2 Group A-2 "Vertical Air Switch 900 amp. Automation Ready, vertically mounted switch, 25kV, 3 Pole, 150kV BIL, Reciprocating Control Rod. No Substitutions Our Inventory #285-077-00008Hubbell AR124FF 15 EA $4,000.00 $60,000.00 $4,405.00 $66,075.00 Total Price $189,000.00 Total Price $198,675.00 Line # Description Mfgr Mfgno QTY UOM Unit Extended Unit Extended 1 Group A-1 "Horizontal Air Switch 900 amp. Automation Ready, horizontally mounted switch, 25kV, 3 Pole, 150kV BIL, Torsional Control Rod. No Substitutions Our Inventory #285-077-00004Hubell AR114FFL 30 EA No Bid $4,790.00 $143,700.00 2 Group A-2 "Vertical Air Switch 900 amp. Automation Ready, vertically mounted switch, 25kV, 3 Pole, 150kV BIL, Reciprocating Control Rod. No Substitutions Our Inventory #285-077-00008Hubbell AR124FF 15 EA No Bid $4,480.00 $67,200.00 Total Price $0.00 Total Price $210,900.00 Techline, Inc. CAPP USA (CAPP INC) Wesco Distribution Simba Industries BID #20-061 AIR SWITCHES 1Page 160 of 191 August 13, 2020 Item No. 3.19. First Amendment to Invoke, LLC contract for additional implementation services for Microsoft solutions to support remote working and collaboration capabilities. Sponsor:Sindhu Menon, Director of Information Technologies Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the first amendment to an agreement with Invoke, LLC for additional implementation services for Microsoft solutions not to exceed $99,982. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Sustainable City Recommendation(s): Staff recommends approval of the First Amendment to the contract to implement additional Microsoft Office 365 capabilities. Summary: This is an amendment in amount of $99,982 to add implementation services and deployment of Microsoft Teams, SharePoint and OneDrive to the original Contract 19300481 approved by City Council on August 22, 2019. The implementation will support not only remote work and collaboration capabilities to support operations during disaster and pandemic situations but also improves file sharing, intranet and capabilities to host live virtual meetings and events. Microsoft Teams provides the capability to text chat, video chat and even host live virtual meetings and events. Microsoft SharePoint includes a web interface where files and web pages can be created and stored. Microsoft OneDrive is a cloud alternative to Network or Shared Drives. Implementation of these additional products and services will generate savings in the server and storage requirements on the City’s network drives. Budget & Financial Summary: The implementation is funded out of the IT Operating Budget. Reviewed & Approved by Legal: No Attachments: 1.19300481 First Amendment Invoke LLC 8-13-20 CC Meeting Page 161 of 191 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE 19300481 GG1911 19-060 Implementation and Training of Microsoft Office 365 Teams, Sharepoint & One Drive. Invoke, LLC 99,982.00 n n n n n n First Amendment Funding has been acquired through the IT year-end estimate (E-Gov & Professional Services) and SLA. Account Org./Obj. info: 10011210-5399. From the total one-time costs of $99,982.00; $55,820.18 will be for implementation and training for Microsoft Teams and Sharepoint. The remaining $44,161.82 is for implementation and training for Microsoft OneDrive. The implementation of these tools will save City hardware and storage costs in the upcoming years. N/A 8-13-20 N/A- ML N/A - ML SM N/A N/A N/A N/A 7/15/2020 7/15/2020 7/31/2020 Page 162 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 1 FIRST AMENDMENT TO THE COLLEGE STATION GENERAL SERVICES CONTRACT WITH INVOKE, LLC. This Amendment (“Amendment”) is made and entered into by and between the City of College Station, a Texas Home-Rule Municipal Corporation (the “City”), and Invoke, LLC., (the “Contractor”), hereinafter collectively referred to as the “Parties”. WHEREAS, on August 23, 2019 the Parties entered into General Services Contract with Contract No. 19300481 (“Agreement”); and WHEREAS, the Parties desire to add Phases III and IV to add Microsoft Teams & SharePoint Accelerated Deployment & OneDrive for Business Migration to the Agreement; and NOW THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: 1. 1.1 Consideration. In consideration for the services performed in the Scope of Services and Contractor's Completion of work in conformity with this Contract, the City shall pay the Contractor for Phases I and II an amount not to exceed Eight Hundred Eighty -Eight Thousand, Nine Hundred Forty -Six and 48 / 100 Dollars ($888, 946.48), a portion of this amount has already been paid by the City, and in consideration for the services performed in the Scope of Services and Contractor's Completion of work in conformity with this Contract, the City shall pay Contractor for Phases III and IV for Microsoft Teams & SharePoint Accelerated Deployment & OneDrive for Business Migration to the Agreement an amount not to exceed Ninety-Nine Thousand Nine Hundred Eighty-Two and 00 / 100 Dollars ($99,982.00). 2. Exhibit A is amended by adding the following to the Scope of Services for Phases III and IV to add Microsoft Teams & SharePoint Accelerated Deployment & OneDrive for Business Migration to the Agreement: 1 Engagement Overview 1.1.1 Overview Invoke is a consulting firm specialized in providing solutions for critical organizational needs through modern technologies encompassing systems management, security, data insights, and mobility. Our mission is to deliver long term business value by positioning ourselves as your trusted advisor through results driven strategic planning and alignment with your organizations goals. “Invoke distinguishes itself within the top 1 percent of Microsoft’s partner ecosystem” Page 163 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 2 1.2 Objective This Statement of Work (“SOW”) represents an agreement between Invoke LLC. (“Invoke”) and City of College Station (“Client”, “City of College Station”, “CoCS”). CoCS is embarking on their cloud journey and is looking for a qualified partner to provide a competitive solution to promote a successful migration to Office 365 and the modern workplace, specifically targeting their collaboration in Teams and web content management in SharePoint. 1.3 Success Criteria The engagement will be successful when: • The current state of the tenant is assessed, and any recommended changes are implemented • Teams and SharePoint are activated, and an initial pilot has been conducted • The core features of Teams and SharePoint have been configured and activated • An organization-wide activation and adoption of Teams and SharePoint has been conducted 2 Scope of Work 2.1 Invoke Scope for Teams & SharePoint Online The Invoke team is responsible for the following work items to complete this engagement: 1) Initial Configuration (Platform Configuration) a) Azure Tenant Configuration b) Microsoft 365 Tenant Configuration c) Teams Administration Configuration d) Tenant Security & MFA Configuration e) Device Management Configuration (MAM) 2) Initial Activation & Pilot (Governance & Pilot) a) Plan initial activation & pilot b) Create the first teams and channels c) Onboard early adopters d) Monitor usage and feedback e) Plan organization-wide rollout 3) Chat, teams, channels, & apps (Feature Activation) a) Chat deployment prerequisites i) Environment Readiness ii) Network Readiness b) Core deployment decisions & activation Page 164 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 3 i) Teams administrators ii) Teams owners and members iii) Messaging policies iv) External access v) Guest access vi) Teams settings vii) Teams clients viii) Teams usage reporting ix) Teams default apps c) Additional deployment decisions & activation i) Teams licensing ii) Exchange and SharePoint interoperability iii) Teams limits and specifications iv) Office 365 URLs and ports v) Governance (naming conventions, who can create teams) vi) Teams application policy (side-rail control) vii) Archiving and compliance viii) Conditional access 4) Meetings & conferencing (Feature Activation) a) Meetings and conferencing prerequisites i) Environment Readiness ii) Location Readiness b) Core deployment decisions & activation i) Teams communication administrators ii) Meetings settings iii) Meeting policies iv) Audio Conferencing v) Reporting c) Additional deployment decisions & activation i) Bandwidth planning ii) Meeting recording and archiving iii) Live events policies iv) Troubleshoot meeting and call quality v) Operate the meetings service 5) SharePoint (Feature Activation) a) SharePoint administration prerequisites b) Core deployment decisions & activation c) Additional deployment decisions & activation 6) Organization-wide rollout (Adoption) a) Phase 1 Rollout - Organization-wide activation & Chat b) Phase 2 Rollout - Organization -wide meetings & conferencing c) Phase 3 Rollout - Organization -wide Teams 7) Project Closeout Page 165 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 4 2.2 Activity Plan ter the name of the Project Lead in cell B3. Enter the Project S TASK M T W T F M T W T F M T W T F M T W T F M T W T F M T W T F Project Management Initial configuration (Platform Configuration) Azure Tenant Configuration M365 Tenant Configuration Teams Administration Configuration Tenant Security & MFA Configuration Device Management Configuration (MAM) Initial activation & pilot (Governance & Pilot) Plan initial activation & pilot Create the first teams and channels Onboard early adopters Monitor usage and feedback Plan organization-wide rollout Chat, teams, channels, & apps (Feature Activation) Prerequisites Core deployment decisions & activation Additional deployment decisions & activation Meetings & conferencing (Feature Activation) Prerequisites Core deployment decisions & activation Additional deployment decisions & activation SharePoint (Feature Activation) Prerequisites Core deployment decisions & activation Additional deployment decisions & activation Organization-wide rollout (Adoption) Phase 1 Rollout - Org-wide activation & Chat Phase 2 Rollout - Org-wide meetings & conferencing Phase 3 Rollout - Org-wide Teams Project Closeout Week 5 Week 6Week 1 Week 2 Week 3 Week 4 Page 166 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 5 Week 1 • Core tenant readiness assessment conducted • Teams governance and pilot readiness conducted Week 2 • Conduct Teams pilot with onboarding of Early Adopters • Teams chat capabilities are ready for the organization • Tenant ready for pilot and initial Teams feature activation and rollout Week 3 • Chat capabilities are ready for organization wide activation and rollout • Meeting and conferencing capabilities are ready for the organization • Tenant security review completed and Multi-Factor Authentication option ready to be enable Week 4 • Chat has been activated throughout the organization • Meeting and conferencing core capabilities are ready for organization wide activation and rollout • Organizational Teams capabilities are ready for the organization Week 5 • Meeting and conferencing capabilities have been activated throughout the organization • Organizational Teams capabilities are ready for organization wide activation and rollout • SharePoint capabilities are ready for organization wide activation Week 6 • Organizational Teams capabilities have been activated throughout the organization • SharePoint Teams capabilities have been activated throughout the organization 2.3 Client Participation The Client and Client’s team will participate in the engagement as follows: 1. Coordinate Client’s and Client’s resources and staff schedules that coincide with the project schedule to prevent additional wait time during the engagement. 2. Ensure executive buy-in and support for this engagement. 3. Provide access to the necessary resources to complete the project. 4. Develop and execute communication plan in conjunction with Invoke. 5. Review and approve engagement deliverables. 6. Provide required software and licenses necessary to the success of the project. 2.4 Out of Scope The following items should be considered with respect to the overall Client objective and are not planned for this engagement. 1. Project schedule and budget management. 2. Conference room systems rollout 3. Cloud video interop integration 4. Installing or configuration of any solutions not specifically detailed in this document. Page 167 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 6 2.5 Deliverables This engagement will produce the following deliverables: Project deliverables to be completed # Deliverable Description 1 Current State Assessment Document outlining the tenant and platform settings and recommendations. 2 Communication Plan Content Content of plan for upcoming changes and end user experience changes that may result due to this engagement. 3 As-Built Documentation Provide documentation and document review sessions to cover the final configuration and to answer any knowledge transfer related questions or concerns. 2.6 Estimating Assumptions The overall scope and related work estimate for this engagement were developed based on the following assumptions. Material changes to these assumptions may impact the estimated effort, schedule and fees associated with completing the work. 1. The scope, approach, and deliverables for this initiative are based on our current understanding of the work required to complete the objective. 2. Information provided in Client documents and statements prior to this Statement of Work is assumed to be an accurate representation of the respective subject matter. 3. Client’s key stakeholders will be readily accessible for key decision making throughout the course of the initiative. 4. The Invoke team assigned to the project as defined in section 2.8 of this SOW may perform portions of the work either on site or off site, depending on the nature of each task. 5. Hardware and software costs that may be required to complete this engagement are not included in this Statement of Work. 6. System Center Configuration Manager (SCCM) is operationally sound for inventory purposes. 7. Engagement activities (excluding migration and systemic work stoppage remediation) will occur during regular business work hours (Monday through Friday from 8:00 A.M. to 5:00 P.M.) unless otherwise agreed upon. 8. Pending management approval, and if in relation to this engagement, Client agrees to designate Invoke as Partner of Record for their Office 365 and Azure subscriptions. This designation does not delegate any administrative authority to Invoke and is only a means for Invoke to maintain Gold Partner status with Microsoft. Page 168 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 7 2.7 Change Management Either Invoke or Client may initiate a change request when some change or event has occurred that may impact the scope of the engagement. Invoke will prepare formal documentation that includes description of the change with estimated implementation effort and impact to schedule and budget. Client can choose to approve or deny the change request. Invoke will not proceed with work related to the change request until Client has issued formal approval. Some examples of events that can cause a change request include the following: • Change in Technical Scope – Client decides to include new functionality or capabilities not identified in the initial scope and related work estimates. • Change in Scope of Work – Client requests Invoke perform work activities or produce deliverables not originally assigned to the Invoke team. • Change in Approach – Material changes in the work approach due to circumstances outside the control of the engagement team (some examples include: Client team members not available as planned, delays in Client tasks or responsibilities, equipment not available as planned). 2.8 Staffing Invoke Staffing Details Role Responsibilities Project Manager • Manage engagement success and quality • Escalation point for project risks and issues • Ensures adherence to cost, schedule, and scope constraints Principal Consultant • Ensure technical delivery of the project • Ensure the execution of all activities defined in section 2.1 “Invoke Scope”. Senior Consultant • Execution of all activities defined in section 2.1 “Invoke Scope”. • Remediation of high priority items in scope 2.9 Invoke On-Site Presence For the Kick-Off Meeting, we will be on-site to do a presentation of what is in the Scope of Work, Execution Plan, Success Criteria, Communication Plan, Introduction to the Team of Resources and to address any necessary items. During the delivery of the project, the delivery consultant(s) and/or Principal Consultants, Account Manager and/or PM will come on-site for one day every other week to deliver the work and checking up to make sure everything is going well. Page 169 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 8 For the Close Out Meeting, Invoke will be on-site to do the Knowledge Transfers, Hand-off the Deliverables and closing out the meeting. This will take 2 or 3 days depending on the Scope of Work. 3 Engagement Overview 3.1 Objective This Statement of Work (“SOW”) represents an agreement between Invoke LLC. (“Invoke”) and City of College Station (“Client”, “City of College Station”, “CoCS”). CoCS is embarking on their cloud journey and is looking for a qualified partner to provide a competitive solution to promote a successful migration to Office 365 and the modern workplace, by expanding their cloud footprint with OneDrive for Business. 3.2 Success Criteria The engagement will be successful when: • OneDrive for Business readiness assessment has been completed. • In-scope and compatible on-premises user data (personal) has been migrated to OneDrive for Business. • Knowledge transfer to Client technical team has occurred. • End user experience collateral has been provided. 4 Scope of Work 4.1 Invoke Scope for OneDrive for Business The Invoke team is responsible for the following work items to complete this engagement: 1) Initial configuration (Platform Configuration) a) Tenant and OneDrive for Business Configuration b) OneDrive for Business Tenant and Client Configuration 2) Data Assessment a) Identify data locations and data size b) Clarify in-scope data based on findings 3) Governance, Envisioning & Planning a) Determine initial mobility user experience approach b) Type of data (Personal versus business data) c) User data versus group or departmental data d) Collaboration considerations (internal versus external) e) Considerations for security & compliance i) Data security considerations ii) Data privacy considerations iii) Personally identifiable/health information iv) Credit card and banking data 4) Migration & User Adoption a) Develop migration plan b) Develop communication plan with client c) Test Migration and Pilot Page 170 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 9 d) Conduct Migration & Adoption i) Migration of compatible user data to OneDrive for Business ii) Provide end-user support and training e) Post-Migration Support 5) Post-Migration a) Complete As-Built documentation b) Conduct Knowledge Transfer i) Educate Client’s technical professionals on Office 365 tenant configuration and OneDrive migration process. ii) End user adoption learning videos 6) Project Closeout 4.2 Activity Plan ter the name of the Project Lead in cell B3. Enter the Project S TASK M T W T F M T W T F M T W T F M T W T F M T W T F Project Management Initial configuration (Platform Configuration) Tenant and OneDrive for Business Configuration OneDrive for Business Tenant and Client Configuration Data Assessment Identify data locations and data size Clarify in-scope data based on findings Governance, Envisioning & Planning Determine initial mobility user experience approach Type of data (Personal versus business data) User data versus group or departmental data Collaboration considerations (internal versus external) Considerations for security & compliance Migration & User Adoption Develop migration plan Develop communication plan with client Test Migration and Pilot Conduct Migration & Adoption Post-Migration Support Post-Migration Complete As-Built documentation Conduct Knowledge Transfer Project Closeout Week 4 Week 5Week 1 Week 2 Week 3 Page 171 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 10 Week 1 • Core tenant readiness assessment conducted • Core data assessment conducted Week 2 • OneDrive for Business Client configuration conducted • Scope data findings presented and discussed Week 3 • Governance consideration work sessions conducted • Migration and communication plan assembled • Test migration and pilot started Week 4 • Test migration and pilot completed, and findings reviewed • General migration and adoption started Week 5 • General migration and adoption completed • Post-migration support and training conducted & completed • As-Built documentation and knowledge transfer completed 4.3 Client Participation The Client and Client’s team will participate in the engagement as follows: 1. Coordinate Client’s and Client’s resources and staff schedules that coincide with the project schedule to prevent additional wait time during the engagement. 2. Provide access to the necessary resources to complete the project. 3. Perform and validate all necessary backups to support a disaster recovery of user data. 4. Enable all necessary firewall access ports for the deployments of OneDrive for Business. 5. Add necessary exceptions to any endpoint security tools/applications to allow OneDrive for Business to upload and download data from Office 365. 6. Provide necessary bandwidth commitments for upload and download of data from Office 365. 7. Review and approve engagement deliverables. 8. Provide required software and licenses necessary to the success of the project (i.e. Office 365, and other Microsoft licensing) 4.4 Out of Scope The following items should be considered with respect to the overall Client objective and are not planned for this engagement. 1. Project schedule and budget management. 2. Files larger than 10GB. 3. OneNote notebooks that exist in folders that are in scope for Known Folder Move 4. Untrusted servers or services that require the implementation of a CA infrastructure and certificates. 5. Remediation of operating system issues or permissions preventing the successful deployment of and migration to OneDrive for Business. 6. Installing or configuration of any solutions not specifically detailed in this document. Page 172 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 11 4.5 Deliverables This engagement will produce the following deliverables: Project deliverables to be completed # Deliverable Description 1 Migration Plan Document outlining the migration plan from on- premises Exchange to Exchange online. 2 Communication Plan Content Content of plan for upcoming changes and end user experience changes that may result due to this engagement. 3 Governance Documentation Documentation that captures the governance decisions. 4 As-Built Documentation Provide documentation and document review sessions to cover the final configuration and to answer any knowledge transfer related questions or concerns. 4.6 Estimating Assumptions The overall scope and related work estimate for this engagement were developed based on the following assumptions. Material changes to these assumptions may impact the estimated effort, schedule and fees associated with completing the work. 1. The scope, approach, and deliverables for this initiative are based on our current understanding of the work required to complete the objective. 2. Information provided in Client documents and statements prior to this Statement of Work is assumed to be an accurate representation of the respective subject matter. 3. Client’s key stakeholders will be readily accessible for key decision making throughout the course of the initiative. 4. The Invoke team assigned to the project as defined in section 4.8 of this SOW may perform portions of the work either on site or off site, depending on the nature of each task. 5. Hardware and software costs that may be required to complete this engagement are not included in this Statement of Work. 6. System Center Configuration Manager (SCCM) is operationally sound for inventory purposes. 7. Engagement activities (excluding migration and systemic work stoppage remediation) will occur during regular business work hours (Monday through Friday from 8:00 A.M. to 5:00 P.M.) unless otherwise agreed upon. 8. Pending management approval, and if in relation to this engagement, Client agrees to designate Invoke as Partner of Record for their Office 365 and Azure subscriptions. This Page 173 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 12 designation does not delegate any administrative authority to Invoke and is only a means for Invoke to maintain Gold Partner status with Microsoft. 4.7 Change Management Either Invoke or Client may initiate a change request when some change or event has occurred that may impact the scope of the engagement. Invoke will prepare formal documentation that includes description of the change with estimated implementation effort and impact to schedule and budget. Client can choose to approve or deny the change request. Invoke will not proceed with work related to the change request until Client has issued formal approval. Some examples of events that can cause a change request include the following: • Change in Technical Scope – Client decides to include new functionality or capabilities not identified in the initial scope and related work estimates. • Change in Scope of Work – Client requests Invoke perform work activities or produce deliverables not originally assigned to the Invoke team. • Change in Approach – Material changes in the work approach due to circumstances outside the control of the engagement team (some examples include: Client team members not available as planned, delays in Client tasks or responsibilities, equipment not available as planned). 4.8 Staffing Invoke Staffing Details Role Responsibilities Project Manager • Manage engagement success and quality • Escalation point for project risks and issues • Ensures adherence to cost, schedule, and scope constraints Principal Consultant • Ensure technical delivery of the project • Ensure the execution of all activities defined in section 4.1 “Invoke Scope”. Senior Consultant • Execution of all activities defined in section 4.1 “Invoke Scope”. • Remediation of high priority items in scope Page 174 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 13 4.9 Invoke On-Site Presence For the Kick-Off Meeting, we will be on-site to do a presentation of what is in the Scope of Work, Execution Plan, Success Criteria, Communication Plan, Introduction to the Team of Resources and to address any necessary items. During the delivery of the project, the delivery consultant(s) and/or Principal Consultants, Account Manager and/or PM will come on-site for one day every other week to deliver the work and checking up to make sure everything is going well. For the Close Out Meeting, Invoke will be on-site to do the Knowledge Transfers, Hand-off the Deliverables and closing out the meeting. This will take 2 or 3 days depending on the Scope of Work. Terms and Conditions This Statement of Work (SOW) is subject to the terms and conditions of the Agreement between Invoke and City in effect at the time of signature for this SOW. • Capitalized terms not defined in this SOW shall have the meaning ascribed to them in the Agreement. • To the extent that there is any conflict between this SOW and the Agreement, the Agreement shall prevail. Page 175 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 14 3. Exhibit B Payment Terms is amended by adding the following for Phases III and IV to add Microsoft Teams & SharePoint Accelerated Deployment & OneDrive for Business Migration to the Agreement : Payment is a fixed fee in the amount listed in Article I of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The City will pay such invoices in compliance with the Texas Prompt Payment Act. Schedule of Payment for each phase: See below Payment Schedule of phased payment milestones, monthly and annual payments, one- time fixed fees and additional pricing information. Invoke’s Rate Card Role Rate Project Manager $ 162.00 Principal Consultant $ 225.00 Microsoft MVP $ 250.00 Senior Consultant $ 200.00 Technical Analyst $ 165.00 Technical Writer $ 142.00 Business Analyst $ 160.00 Organizational Change Manager $ 250.00 User Adoption Analyst $ 175.00 Business Strategist $ 250.00 Scope Number Scope of Services Cost Scope III Microsoft Teams & SharePoint Accelerated Deployment $55,820.18 Scope IV OneDrive for Business Migration $44,161.82 Page 176 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 15 Professional Services Fees Invoke will provide the services defined in this SOW on a fixed cost basis and no travel expenses will be billed. The total cost is based on the following rate structure: Invoke Payment Schedule for Phase III and Phase IV Milestone Payment Schedule Items Description Payment Due Phase III – Microsoft Teams & SharePoint Accelerated Deployment SOW Signature • Microsoft Teams & SharePoint Accelerated Deployment - Professional Services (1/3 of Total Cost) Total due Milestone 1 $18,606.73 Initial Configuration, Pilot and Feature Activation • Microsoft Teams & SharePoint Accelerated Deployment - Professional Services (1/3 of Total Cost) Total due Milestone 2 $18,606.73 Closeout • Microsoft Teams & SharePoint Accelerated Deployment - Professional Services (1/3 of Total Cost) Total due Milestone 3 $18,606.73 Total Amount Due for Phase III $55,820.18 Phase IV – OneDrive for Business Migration SOW Signature • OneDrive for Business Migration - Professional Services (1/3 of Total Cost) Total due Milestone 1 $14,720.61 Initial Configuration, Data Assessment & Governance • OneDrive for Business Migration - Professional Services (1/3 of Total Cost) Total due Milestone 2 $14,720.61 Closeout • OneDrive for Business Migration - Professional Services (1/3 of Total Cost) Total due Milestone 3 $14,720.61 Total Amount Due for Phase IV $44,161.82 Total project cost (Not to exceed) $99,982.00 Page 177 of 191 Contract No. 19300481 Invoke, LLC 1st Amendment CRC 4-17-19 Page | 16 4.All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. 5.This Amendment will be effective when signed by the last Party whose signing makes the Amendment fully executed. CITY OF COLLEGE STATION By: City Manager INVOKE, LLC By: Ryan Durbin, Member Manager Date: Date: APPROVED: City Attorney Date: Assistant City Manager/CFO Date: 7/15/2020 7/15/2020 7/31/2020 Page 178 of 191 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/30/2020 79901 COLLEGE STATION HOUSTON TXEL PASO 201 E MAIN DR STE 800 HUB INTERNATIONAL INSURANCE SERVICES Certificate@Hanover.com (866) 368-2395 (866) 828-2424 The Hanover Casualty Company 41602 4 4 4 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A 4 4 Y N OLD D486402 02 01/25/2020 01/25/2021 1,000,000 A 4 4 4 Y N OLD D486402 02 01/25/2020 01/25/2021 OLD D486402 02 01/25/2020 01/25/2021 4,000,000AYN City of College Station, its officers, agents, volunteers and employees are Additional Insured on the General Liability pursuant to the terms and conditions by form 391-1006. Additional Insured is Primary and Noncontributory to the extent provided by form 391-1003 (pg 79 of 81). Cancellation Notice will be provided to the Certificate Holder pursuant to endorsement: 401-1235. Such notice is solely for the purpose of informing the Certificate Holder of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. TX 77070 TX 77842 INVOKE LLC 118 VINTAGE PARK BLVD STE W-449 310 KRENEK TAP RD CITY OF COLLEGE STATION 4,000,000 Page 179 of 191 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/29/20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND T HE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive, Suite #1100 Miami, FL 33131-4937 CONTACT NAME: Aon Risk Services, Inc of Florida PHONE (A/C, No, Ext): 800-743-8130 FAX (A/C, No): 800-522-7514 EMAIL ADDRESS: ADP.COI.Center@Aon.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : New Hampshire Ins Co 23841 INSURED ADP TotalSource FL XIX, Inc. 10200 Sunset Drive Miami, FL 33173 ALTERNATE EMPLOYER Invoke, LLC DBA Invoke Systems Management 118 Vintage Park Blvd Houston, TX 77070 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 3085389 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIT HSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PROJECT LOC PRODUCTS - COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A WC 027115080 TX 07/01/20 07/01/21 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All worksite employees working for INVOKE, LLC DBA INVOKE SYSTEMS MANAGEMENT, paid under ADP TOTALSOURCE, INC.'s payroll, are covered under the above stated policy. INVOKE, LLC DBA INVOKE SYSTEMS MANAGEMENT is an alternate employer under this policy. CERTIFICATE HOLDER CANCELLATION City of College Station 310 Krenek Tap Rd. College Station, TX 77842 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 180 of 191 06/29/2020 Gordy Bunch 1201 Lake Woodlands Dr. #4020 The Woodlands TX 77380 Miranda Englishbee (281) 367-3424 menglishbee@twfg.com Invoke LLC 118 Vintage Park Blvd. Houston TX 77070 United States Liability Co.26522 INVO20062913513666 E Technology Professional Liability Errors And Omissions TK1553276 07/30/2019 07/30/2020 Each Claim Limit $5,000,000 Annual Aggregate $5,000,000 Re IT Professional Consulting Services City of College Station 310 Krenek Tap Rd College Station TX 77842 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Page 181 of 191 August 13, 2020 Item No. 4.1. Public Hearing, presentation, discussion, and possible action on the City of College Station FY2020-2021 Proposed Budget. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action on the City of College Station FY2020-2021 Proposed Budget. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Sustainable City Recommendation(s): Staff recommends the City hold a public hearing on Proposed Budget and receive citizen input and that Council provide direction to staff on the budget. Summary: The City Charter requires that the City Council call and hold a public hearing on the proposed budget; and that after such public hearing, the Council may insert or decrease items so long as the total of any increases and insertions do not increase the total budget by more than 3%. The Proposed Budget was presented to the City Council on July 23, 2020. Three budget workshops were held to review the proposed budget on July 27th, July 28th and July 29th. On July 23, 2020, the City Council called a public hearing on the FY2020-2021 Proposed Budget. A notice announcing the public hearing was published in accordance with City Charter and State Law requirements. The FY2020-2021 Budget is scheduled to be adopted on August 27, 2020. Budget & Financial Summary: The following is an overall summary of the proposed budget. Subtotal Operation and Maintenance: $265,880,235 Subtotal Capital: 46,741,652 Total Proposed Budget: $312,621,887 Reviewed & Approved by Legal: No Attachments: None Page 182 of 191 August 13, 2020 Item No. 4.2. Presentation, discussion, and possible action on the FY 2020-2021 ad valorem tax rate; and if necessary calling a public hearing on a proposed ad valorem tax rate for FY 2020-2021. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the FY 2020-2021 ad valorem tax rate; and if necessary calling a public hearing on a proposed ad valorem tax rate for FY 2020-2021. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff recommends Council discuss the tax rate and if necessary call the public hearing on a proposed ad valorem tax rate for FY 2020-2021. Summary: The Texas Property Tax code was changed by the State Legislature last year. The Texas Property Tax Code requires that the City Council discuss the tax rate and propose a tax rate to fund the City's needs. If the governing body considers a proposed tax rate that does not exceed the no-new-revenue or voter-approval tax rates, the City does not have to hold a public hearing. If the governing body considers a proposed tax rate above the no-new-revenue rate but below the voter-approval rate, the City will have to publish a notice of Public Hearing on Tax Increase and hold a public hearing. The public hearing on the tax rate can be held on the same date as the tax rate adoption. The Proposed Budget includes a proposed tax rate of $0.534618. This is the same as the current tax rate. The no-new-revenue tax rate and the voter-approval tax rate will be available from the Brazos County Tax Office at this meeting. Budget & Financial Summary: The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. Reviewed & Approved by Legal: No Attachments: None Page 183 of 191 August 13, 2020 Item No. 4.3. Rock Prairie Elevated Storage Tank with PRV’s Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a Construction contract with CB&I Storage Tank Solutions in the amount of $6,613,685 for the construction of a three (3) million gallon elevated storage tank with two (2) pressure reducing valves. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract. Summary: This contract includes the construction of a 3 million gallon elevated storage tank and two pressure reducing valves (PRV), as identified on the Water Master Plan. The tank will be constructed just south of the Baylor Scott and White Hospital, near the intersection of Midtown Drive (formerly Lakeway Drive) and the north bound State Highway 6 frontage road. One PRV will be constructed inside the tank, and the other will be constructed near the intersection of Emerald Parkway and the north bound State Highway 6 frontage road. The construction of the tank and the PRVs will create a second pressure plane within the water distribution system to help regulate the pressure east of State Highway 6. Budget & Financial Summary: Budget in the amount of $8,756,000 is included for this project in the Water Capital Improvement Projects Fund. A total of $1,005,056 has been committed or spent to date, leaving a balance of $7,750,944 for this contract and future expenses. Reviewed & Approved by Legal: No Attachments: 1.Rock Prairie EST location Map 2.20-022 Tabulation Summary Page 184 of 191 STONEBROOKDRIVEF R O N T A G E 6 R O A D W E S T SCOTT& WHITEDRIVE DOUBLEMOUNTAINROAD LAKEWAY DRIVE ROCK PRAIRIE ROAD SCOTT & WHITE DRIVEF R ON T A GE 6 R OA D E A S T GRAHAM ROADFR O NTAG E 6 R D W H E A LI N G WA Y L O N G M I R E D R I V E R O C KPRAIRI EROAD S H 6 S S O U T H B O U N D O N R A M P A T R O C K P R AIRIE R D MEDICALAVENUEBIRMINGHAM DRIVEF R O N T A G E6 R O A DEAST RITCHEY ROADS H 6 S O U T H B A R R O N R D O F F R A MP A T S H 6 S S O U T H B OU N D S H 6 S O U T H . Page 185 of 191 Summary of Bid TabulationITB #20-022 Rock Prairie Elevated Storage TankOpens: Tueday, June 2, 2020 @ 2:00 p.m.Base Bid (A+B+C) Base Bid+ Alt 1 Base Bid+ Alt 2 Base Bid+ Alt 3Base Bid+ Alt1 +Alt2 +Alt 3Caldwell Tanks, Inc. $10,857,000.00 $10,982,000.00 $10,757,000.00 $10,924,600.00 $10,949,600.00CB&I Storage Tank Solutions, LLC $6,409,000.00 $6,450,600.00 $6,399,000.00 $6,572,085.00 $6,603,685.00Landmark Structures I, L.P. $6,679,000.00 $6,802,000.00 $6,579,000.00 $6,836,170.00 $6,859,170.00The Bid Summary for ITB #20-022 is available for download from the to Brazos Valley e-Marketplace, an Itemized Bid Tabulation will not be released until after award of the contract.Information contained in the proposals will not be disclosed until after the award of contract.Page 186 of 191 August 13, 2020 Item No. 4.4. William D. Fitch Rehabilitation Project, Phases 1 & 2 Design Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval for an A/E contract with construction phase services for the William D Fitch Rehab Phases 1 & 2 Projects with Kimley-Horn and Associates, Inc. in the amount of $812,100 and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approving and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: Phase 1 of the William D. Fitch Rehab calls for the rehabilitation of William D. Fitch Pkwy between State Highway 30 and Tonkaway Lake Rd. Phase 2 of the project calls for rehabilitation of William D. Fitch Pkwy between Tonkaway Lake Rd and Rock Prairie Rd. These sections of William D. Fitch were constructed by Brazos County. Due to increased heavy loads and truck traffic to the Twin Oaks Landfill, the roadway has begun to fail in several locations. Budget & Financial Summary: A combined budget in the amount of $1,124,000 is currently appropriated in the Streets Capital Improvement Project Fund. A combined total of $3,222 has been expended or committed to date, leaving a balance of $1,120,778 for this contract and future expenses. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this project because the long term debt projected to be issued for this project has not yet been issued. The debt for the project is scheduled to be issued at a later date. Reviewed & Approved by Legal: No Attachments: 1.Project Location Map 2.8-13-2020 DRR (WD Fitch Rehab) Page 187 of 191 MIDTO W N D R S H 6 S ALEXANDRIAAVVICTORIAAVNEWPORT LNBARRONRDSPEARMANDRTREEHOUSETRROYALADELADEDRFR O STDRFAULKNERDRRAINTREEDRDECATURDRSEBESTA RDEAGLE AVCARTERLAKEDRBIRD POND RDSH 6 S FRONTAGE RD EFOXFIREDRGRAHAM RDLO N G M IRE D RBRADLEY RDPATE RDBROOKWATER C R A L L E YENCHANTEDOAKSDR ROCKPRAIRIERDOLDENLNNUNN JONE S RDSH30G O LDEN TR AUGUSTACRLAKELOUISERDThis product is for informational purposes only and has not been prepared for and is not suitable for legal, engineering, construction, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of certain geographic features. No warranty, expressed or implied, is made by the City of College Station as to the accuracy, completeness, suitability, or timeliness of the information contained herein.The City of College Station assumes no responsibility for any private or commercial use, misuse, reliance, or interpretation of the information provided herein, or any loss resulting therefrom.Date Created:COCS MAP´Page 188 of 191 Page 189 of 191 Page 190 of 191 Page 191 of 191